Text · Amendment list
Mobile satellite services: selection and authorisation of systems using the harmonised 2 GHz frequency band
Document ITRE-AM-792052 · COM(2026)0311 – 2026/0134(COD)
- Kind
- Amendment list ITRE-AM-792052
- Date
- 17 September 2026
- Committee
- Committee on Industry, Research and Energy
- Dossier
- 2026-0134
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- COM(2026)0311 – 2026/0134(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the procedure for authorisation of systems providing mobile satellite services using the harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC (Text with EEA relevance) | Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Union-wide harmonisation of the mobile satellite services bands and the procedure for authorisation of systems providing mobile satellite services repealing Decision No 626/2008/EC (Text with EEA relevance) |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Mobile satellite services (MSS) have developed as an innovative complementary platform for the provision of various types of pan-European communications services regardless of the location of end users, such as voice, messaging, high-speed Internet and multimedia, and public protection and disaster relief. MSS systems could extend mobile services’ coverage beyond the reach of terrestrial mobile networks, in particular in rural areas, thus bridging the digital divide that still remains between urban and rural areas in terms of coverage and quality of service3 . As a supplementary infrastructure, MSS systems could provide connectivity in the event of terrestrial network shutdown caused either by natural disaster or human intervention, thus improving the Union’s resilience. They could contribute to the Union’s security and autonomy, and to competitiveness of the Union’s economy. | (1) Mobile satellite services (MSS) have developed as an innovative complementary platform for the provision of various types of pan-European communications services regardless of the location of end users, such as voice, messaging, high-speed Internet and multimedia, and public protection and disaster relief. MSS systems could extend mobile services’ coverage beyond the reach of terrestrial mobile networks, in particular in rural areas, thus bridging the digital divide that still remains between urban and rural areas in terms of coverage and quality of service3 . MSS systems, particularly when integrated with terrestrial 5G and future 6G networks, should be leveraged as part of national and Union digital policies to ensure ubiquitous connectivity for citizens, businesses and public administrations, including in rural, remote and maritime areas and for public services of general interest. As a supplementary infrastructure, MSS systems could provide connectivity in the event of terrestrial network shutdown caused either by natural disaster or human intervention, thus improving the Union’s resilience. They could contribute to the Union’s security and autonomy, and to competitiveness of the Union’s economy. |
| 3 5G Observatory: EU scoreboard 2025. See also: 5G indicators: coverage | Shaping Europe’s digital future | 3 5G Observatory: EU scoreboard 2025. See also: 5G indicators: coverage | Shaping Europe’s digital future |
The 2 GHz MSS framework should take into account the broader objectives of the Union and Member States in the field of digital connectivity and transformation. A reference to national digital strategies, including broadband deployment, the digitalisation of public services and territorial cohesion, would ensure greater coherence with the objectives of the Digital Decade. It would also acknowledge the potential contribution of MSS to the availability and continuity of connectivity, particularly in support of public services and in areas where terrestrial networks may be insufficient.
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Mobile satellite services (MSS) have developed as an innovative complementary platform for the provision of various types of pan-European communications services regardless of the location of end users, such as voice, messaging, high-speed Internet and multimedia, and public protection and disaster relief. MSS systems could extend mobile services’ coverage beyond the reach of terrestrial mobile networks, in particular in rural areas, thus bridging the digital divide that still remains between urban and rural areas in terms of coverage and quality of service3 . As a supplementary infrastructure, MSS systems could provide connectivity in the event of terrestrial network shutdown caused either by natural disaster or human intervention, thus improving the Union’s resilience. They could contribute to the Union’s security and autonomy, and to competitiveness of the Union’s economy. | (1) Mobile satellite services (MSS) have developed as an innovative complementary platform for the provision of various types of pan-European communications services regardless of the location of end users, such as voice, messaging, high-speed Internet and multimedia, and public protection and disaster relief. MSS systems could extend mobile services’ coverage beyond the reach of terrestrial mobile networks, in particular along Member States borders and in rural areas, thus bridging the digital divide that still remains between urban and rural areas in terms of coverage and quality of service3 . As a supplementary infrastructure, MSS systems could provide connectivity in the event of terrestrial network shutdown caused either by natural disaster or human intervention, thus improving the Union’s resilience. They could contribute to the Union’s security and autonomy, and to competitiveness of the Union’s economy. |
| 3 5G Observatory: EU scoreboard 2025. See also: 5G indicators: coverage | Shaping Europe’s digital future | 3 5G Observatory: EU scoreboard 2025. See also: 5G indicators: coverage | Shaping Europe’s digital future |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) The provision of MSS has considerably evolved since Decision No 626/2008/EC entered into force. In particular, the latest developments in satellite technology and use cases, resulted in the emergence of multi-orbit constellations combining the use of satellites in geostationary Earth orbit (GEO), medium Earth orbit (MEO) and low Earth orbit (LEO). These developments form the basis for the development of innovative services such as Direct-to-Device (D2D) connectivity, which are expected to progressively transform the satellite market, by providing satellite connectivity to standard unmodified mobile phones, tablets and other end-user devices compatible with 5G and beyond. This will enhance access to high-speed internet for all, particularly in underserved and remote regions, and will strengthen European capabilities in critical communications. | (4) The provision of MSS has considerably evolved since Decision No 626/2008/EC entered into force. In particular, the latest developments in satellite technology and use cases, resulted in the emergence of multi-orbit constellations combining the use of satellites in geostationary Earth orbit (GEO), medium Earth orbit (MEO) and low Earth orbit (LEO). These developments form the basis for the development of innovative services such as Direct-to-Device (D2D) connectivity, which are expected to progressively transform the satellite market, by providing satellite connectivity to standard unmodified mobile phones, tablets and other end-user devices compatible with 5G and beyond. This will enhance access to high-speed internet for all, particularly in underserved and remote regions, and will strengthen European capabilities in critical communications. To maximise these benefits, Direct-to-Device (D2D) connectivity should rely on open standards and interoperable solutions, avoiding fragmentation of end-user device ecosystems, and enabling cost-effective integration in national connectivity strategies. |
Given the rapid development of direct-to-device (D2D) services, the 2 GHz MSS framework should promote interoperability and the use of open standards where appropriate. This would support a competitive and technologically neutral environment, facilitate compatibility between different systems and contribute to the Union’s objectives of strengthening digital sovereignty and reducing technological dependencies. Such principles should also be taken into account when defining the relevant technical conditions for the implementation of the framework.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Satellite connectivity with high capacity and global coverage has become essential for strengthening Union’s capabilities in governmental and critical communications (emergency response and defence), and a key component for ensuring communication networks’ resilience and for enabling seamless connectivity under challenging conditions. Satellite connectivity can play a crucial role in the achievement of the EU security, sovereignty and digital autonomy objectives. | (5) Satellite connectivity with high capacity and global coverage has become essential for strengthening Union’s capabilities in governmental and critical communications (emergency response and defence), and a key component for ensuring communication networks’ resilience and for enabling seamless connectivity under challenging conditions. Satellite connectivity can play a crucial role in the achievement of the EU security, sovereignty and digital autonomy objectives. In particular, pan-European MSS and hybrid TN/NTN systems in the 2 GHz band should support secure and resilient connectivity for governmental services, emergency response, civil protection and critical digital public services, including continuity of operations in case of major incidents affecting terrestrial infrastructure. |
The 2 GHz MSS framework can contribute to ensuring secure and resilient connectivity for public administrations and essential public services, including civil protection. Recognising these use cases would strengthen the link between satellite connectivity and Member States’ digital transformation and resilience objectives, while supporting the continuity of public services. This would also provide greater clarity as regards the public-interest dimension of the framework, without affecting the applicable technical harmonisation process.
| Text proposed by the Commission | Amendment |
|---|---|
| (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. | (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. To the extent that the services provided by NTN will be comparable, substitutable or functionally equivalent to terrestrial electronic communications services — including through direct-to-device connectivity, the principle of “same service-same rules” should guide the design of conditions applicable to Union-authorised satellite operators. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. | (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. Where services provided through NTNs are comparable, substitutable or functionally equivalent to terrestrial electronic communications services, equivalent regulatory requirements should apply, in accordance with the principle of ‘same services, same rules’. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. | (6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid development of satellite D2D and broadband connectivity, as it provides favourable propagation characteristics. Furthermore, it can accommodate the convergence between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a hybrid system, to ensure interoperability and seamless service provision between terrestrial infrastructure – such as fibre and 5G or 6G networks – and space infrastructure, thereby supporting innovation and the efficient use of spectrum. To foster technological leadership, resilience and strategic autonomy, it should be possible that the authorisation of the 2 GHz MSS band fosters new generations of connectivity technologies and architectures that enable the integration of TNs and NTNs into a hybrid system, including also complementary ground and airborne components of the NTN. The deployment of such hybrid systems should be coordinated with national broadband and connectivity plans, to ensure complementarity with terrestrial networks, avoid duplication of public investments and promote efficient use of spectrum and infrastructure. |
The deployment of hybrid terrestrial and non-terrestrial networks should take into account existing national broadband and connectivity plans, including publicly supported infrastructure. Appropriate coordination would help ensure complementarity between terrestrial and satellite connectivity, promote the efficient use of spectrum and public resources, and support coherent network deployment. This approach would also contribute to maximising the added value of public investment while respecting Member States’ national connectivity strategies.
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) A pan-European authorisation framework of the MSS band is crucial. As foreign players currently dominate the market, a single market approach, characterised by an EU-harmonised framework for MSS licensing, is essential to promote competition, support the scaling-up of European players and reinforce the Union’s technological sovereignty. To this end, Member States should adopt a roadmap to make all MSS bands available by 2035, with a view of enabling the Commission and the ODN to coordinate their allocation in a holistic and more efficient manner. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They can make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. | (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They ccan make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. To that end, the call for applications should set out clear rules on the minimum size of such portions, on the coexistence of holders within a shared paired block and on the proportionate application of contributions and fees. |
Consequential to Amendment 13. Aligns the recital with the operational rules introduced in Article 5(2), point (f).
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They can make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. | (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They can make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. To this end, the Commission should explore as well the possibility of having a spectrum park for innovative uses of the MSS with simplified procedures for SMEs. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They can make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. | (7) A number of supporting policy actions have been adopted by the Union with a view to accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring, container tracking, pipeline monitoring, aiming at maximising its potential for the benefit of citizens and businesses. Low-data-rate MSS, which complement or converge with terrestrial systems, play a crucial role in the deployment of IoT solutions across diverse sectors and, in particular, in critical infrastructure, including water infrastructure and water quality management, agriculture, energy, environmental research and transport. They can make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared spectrum use between different operators. It should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The financial viability of Low Earth Orbit satellite constellations depends on the access to multiple markets on a global scale. Moreover, consistency in spectrum authorisation between neighbouring countries or regions can improve spectral efficiency and enhance frequency coordination. | (8) The financial viability of Low Earth Orbit satellite constellations depends on the access to multiple markets on a global scale. Moreover, consistency in spectrum authorisation between neighbouring countries or regions can improve spectral efficiency and enhance frequency coordination. Given the close integration of certain neighbouring countries with the Union’s telecommunications and space sectors, their participation can also strengthen the competitiveness of Union MSS. The Commission should therefore extend, by delegated act and in time for the first call for applications, the admissibility requirements to applicants established in such countries, ensuring their participation on equal terms with applicants established in Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. | (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. Security considerations and certain governmental uses of public interest justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union’s secure governmental satellite communications capacities to meet the security needs of the Union and its Member States. |
| 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final | 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. | (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, certain governmental uses require a higher degree of security. This need for greater security is further justified in light of the growing security and defence challenges arising from the current geopolitical context, which require the Union and its Member States, now more than ever, to safeguard their essential security interests. Those security and public interest considerations justify that a portion of the 2 GHz MSS band should be reserved for secure governmental satellite communications capacities. |
| 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final | 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final |
The framework for the relevant spectrum should duly take into account the specific requirements associated with secure governmental use and critical public functions, distinguishing them from purely commercial uses. The continuity and resilience of such services require particular attention to security and governance aspects, in order to ensure a level of protection appropriate to their nature and public-interest relevance.
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. | (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Defence related governmental communications may warrant specific continuity and security arrangements, to be reflected as appropriate. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. |
| 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final | 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. While services to governmental users may be provided by any provider of satellite communications services, security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. | (9) The EU Space Strategy for Security and Defence6 recognises that space systems and services are vital to the society, economy, security and defence in the Union, making space a strategic domain also for secure governmental use. Security considerations justify that a portion of the valuable 2 GHz MSS band should be harnessed to boost the Union´s secure governmental satellite communications capacities through the deployment of a secure and resilient MSS system or hybrid system (‘a secure MSS/hybrid system’). The system should provide, among others, public interest services with a view to ensuring inter alia crisis management, public safety and the protection of critical infrastructure, especially when terrestrial communications systems are unavailable, disrupted, or unreliable, for example due to climate related disasters. Moreover, in order to ensure high level of security, the admissibility criteria for the secure MSS/hybrid system should ensure that only EU owned or controlled providers may be assigned the portion of the band which is dedicated to the provision of secure governmental services. |
| 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final | 6 Joint Communication to the European Parliament and the Council JOIN (2023)9 final |
Services to governmental users should not be provided by any user. There should be security considerations especially about control.
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) The ITU allocates spectrum to services and defines technical requirements to avoid interference, while its Constitution recognises the sovereign right of its members to regulate their telecommunications. Spectrum assignments and the definition of user profiles therefore remain with the competent authorities, including as regards governmental use. |
The new recitals recognise the specificities associated with the governmental use of the relevant portion of the band. Recital (9e) ensures an operator-neutral approach and reinforces the principles of competition and equal treatment already established under Regulation (EU) 2023/588. This contributes to ensuring fair and transparent conditions in the relevant procurement procedure, while ensuring that any prior involvement in relevant programmes does not result in an undue advantage.
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) Governmental services such as emergency communications, civil protection or defence serve core State functions that go beyond a purely commercial business model. Spectrum may be reserved for governmental use in line with the programmatic approach underpinning the Union Secure Connectivity Programme established by Regulation (EU) 2023/588. |
Recognises the specific requirements of core governmental functions and explains why a targeted spectrum reservation should support the existing Union Secure Connectivity Programme.
| Text proposed by the Commission | Amendment |
|---|---|
| (9b) Given the critical nature of governmental communication services, a dedicated framework and governance scheme are necessary for technical and security requirements, security accreditation, operational security, user management, continuity and crisis management. To avoid duplication and potentially diverging security frameworks for similar Union governmental services, the framework established under Regulation (EU) 2023/588 should apply to secure governmental communications using the 2 GHz MSS band. A portion of that band should therefore be assigned for the implementation of the Union Secure Connectivity Programme. |
Applies the established IRIS² framework to avoid overlapping governance, security and accreditation requirements, ensuring consistent treatment of secure governmental communications.
| Text proposed by the Commission | Amendment |
|---|---|
| (9b) Governmental services such as emergency communications, civil protection or defence serve core State functions and do not follow a purely commercial business model. Their continuity, security and resilience requirements may significantly constrain the economic case for operators. Against this background, spectrum for governmental use may be reserved or assigned administratively rather than through a comparative market-based procedure. A comparable programmatic approach underpins the Union Secure Connectivity Programme established by Regulation (EU) 2023/588. |
The new recitals recognise the specificities associated with the governmental use of the relevant portion of the band. Recital (9e) ensures an operator-neutral approach and reinforces the principles of competition and equal treatment already established under Regulation (EU) 2023/588. This contributes to ensuring fair and transparent conditions in the relevant procurement procedure, while ensuring that any prior involvement in relevant programmes does not result in an undue advantage.
| Text proposed by the Commission | Amendment |
|---|---|
| (9c) Given the mission-critical nature of governmental communication services, a dedicated framework and governance scheme are necessary for technical and security requirements, security accreditation, operational security, user management, continuity and crisis management. To avoid duplication and potentially diverging security frameworks for similar Union governmental services, the framework established under Regulation (EU) 2023/588 should apply to secure governmental communications using the 2 GHz MSS band. A portion of that band should therefore be assigned to the Commission, representing the Union, for the implementation of the Union Secure Connectivity Programme. |
The new recitals recognise the specificities associated with the governmental use of the relevant portion of the band. Recital (9e) ensures an operator-neutral approach and reinforces the principles of competition and equal treatment already established under Regulation (EU) 2023/588. This contributes to ensuring fair and transparent conditions in the relevant procurement procedure, while ensuring that any prior involvement in relevant programmes does not result in an undue advantage.
| Text proposed by the Commission | Amendment |
|---|---|
| (9c) Considering the technical specificities of secure governmental services using MSS bands, the necessary infrastructure and assets should be developed and operated through a dedicated procurement procedure in accordance with Articles 19 and 20 of Regulation (EU) 2023/588, ensuring transparency, proportionality, equal treatment, effective competition and the possibility for new entrants to participate. |
Ensures that the infrastructure is procured through a dedicated competitive procedure under existing IRIS² rules, preserving transparency, equal treatment and opportunities for new entrants.
| Text proposed by the Commission | Amendment |
|---|---|
| (9d) In that procurement, prior or ongoing participation in the implementation of the Union Secure Connectivity Programme should not, as such, confer an undue competitive advantage. Appropriate safeguards should ensure a level playing field, including equal access to relevant information and interfaces, subject to security and intellectual property requirements, prevention of conflicts of interest and, where necessary, accounting or structural separation, in accordance with Articles 19(9) and 20 of Regulation (EU) 2023/588. |
Prevents prior participation in IRIS² from conferring an undue competitive advantage. The safeguards follow existing procurement principles while respecting security and intellectual property requirements.
| Text proposed by the Commission | Amendment |
|---|---|
| (9d) Considering the technical specificities of secure governmental services using MSS bands, the necessary infrastructure and assets should be developed and operated through a dedicated procurement procedure in accordance with Articles 19 and 20 of Regulation (EU) 2023/588, ensuring transparency, proportionality, equal treatment, effective competition and the possibility for new entrants to participate. |
The new recitals recognise the specificities associated with the governmental use of the relevant portion of the band. Recital (9e) ensures an operator-neutral approach and reinforces the principles of competition and equal treatment already established under Regulation (EU) 2023/588. This contributes to ensuring fair and transparent conditions in the relevant procurement procedure, while ensuring that any prior involvement in relevant programmes does not result in an undue advantage.
| Text proposed by the Commission | Amendment |
|---|---|
| (9e) In that procurement, prior or ongoing participation in the implementation of the Union Secure Connectivity Programme should not, as such, confer an undue competitive advantage. Appropriate safeguards should ensure a level playing field, including equal access to relevant information and interfaces, prevention of conflicts of interest and, where necessary, functional or accounting separation, in accordance with Articles 19(9), 20 and 21 of Regulation (EU) 2023/588. |
The new recitals recognise the specificities associated with the governmental use of the relevant portion of the band. Recital (9e) ensures an operator-neutral approach and reinforces the principles of competition and equal treatment already established under Regulation (EU) 2023/588. This contributes to ensuring fair and transparent conditions in the relevant procurement procedure, while ensuring that any prior involvement in relevant programmes does not result in an undue advantage.
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Therefore, in order to meet the objectives of this Regulation of promoting the competitiveness of the European economy through the provision of high-quality mobile satellite services, fostering the development of the internal market as well as of strengthening the Union strategic autonomy in the provision of secure connectivity to governmental users, three distinct selection procedures should be established, one for a secure MSS/hybrid system, one for a Union new entrant in the commercial market and one, which is open also to applicants from third countries. | (10) Therefore, in order to meet the objectives of this Regulation of promoting the competitiveness of the European economy through the provision of high-quality mobile satellite services, fostering the development of the internal market as well as of strengthening the Union strategic autonomy in the provision of secure connectivity to governmental users, three distinct selection procedures should be established, one for a secure MSS/hybrid system, one for a Union new entrant in the commercial market and one, which is open also to applicants from third countries. Specific eligibility and selection criteria should be also designed for SMEs to enable them to participate in the competitive procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Therefore, in order to meet the objectives of this Regulation of promoting the competitiveness of the European economy through the provision of high-quality mobile satellite services, fostering the development of the internal market as well as of strengthening the Union strategic autonomy in the provision of secure connectivity to governmental users, three distinct selection procedures should be established, one for a secure MSS/hybrid system, one for a Union new entrant in the commercial market and one, which is open also to applicants from third countries. | (10) Therefore, in order to meet the objectives of this Regulation of promoting the competitiveness of the European economy through the provision of high-quality mobile satellite services, fostering the development of the internal market as well as of strengthening the Union strategic autonomy in the provision of secure connectivity to governmental users, two comparative selection procedures should be established for commercial MSS systems, one for Union new entrants and one also open to applicants from third countries. Providers of secure governmental communications services should be selected through the dedicated procurement procedure referred to in Article 6. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Given the limited overall bandwidth of the 2 GHz MSS band, the amount of spectrum dedicated to the secure MSS/hybrid system should not disproportionately limit spectrum availability for commercial satellite systems. A paired block of 10 MHz is necessary for such a system to be able to provide not only voice but also broadband internet services to governmental users with sufficient quality7 . | (11) Given the limited overall bandwidth of the 2 GHz MSS band, the amount of spectrum reserved for the provision of secure governmental communications services should not disproportionately limit spectrum availability for commercial satellite systems. A paired block of 10 MHz is necessary to enable the provision of not only voice but also broadband internet services to governmental users with sufficient quality. |
| 7 Study on Mobile satellite services (MSS) in the 2 GHz band in the EU: Implementation of the current regulatory framework and an overview of the satellite connectivity market, page 16. https://op.europa.eu/en/publication-detail/-/publication/5c28e25b-41b3-11f0-b9f2-01aa75ed71a1 |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The secure MSS/hybrid system should provide ubiquitous and versatile broadband and narrowband services for secure governmental and critical communications across the Union, supporting voice, data, IoT as well as D2D connectivity. Furthermore, the secure and resilient MSS/hybrid system could be essential to implement the European Preparedness Union Strategy8 , that stresses inter alia the need to embed preparedness by design into EU policies and actions for ensuring the resilience of vital societal functions, including upgrading secure communications between the EU institutions and Member States, and promoting dual-use by design in infrastructure investment for secure connectivity across the Union. While the secure MSS/hybrid system should primarily provide secure governmental communications services, in order to ensure efficient use of spectrum and maximum benefits for the European economy and citizens, that system should be enabled to use any available spectrum capacity, not used for the provision secure governmental communications, alternatively for the provision of commercial services, under the condition that the priority of providing secure governmental communications is guaranteed. | (12) The secure MSS/hybrid system should provide ubiquitous and versatile broadband and narrowband services for secure governmental and critical communications across the Union, supporting voice, data, IoT as well as D2D connectivity. Furthermore, the secure and resilient MSS/hybrid system could be essential to implement the European Preparedness Union Strategy8 , that stresses inter alia the need to embed preparedness by design into EU policies and actions for ensuring the resilience of vital societal functions, including upgrading secure communications between the EU institutions and Member States, and promoting dual-use by design in infrastructure investment for secure connectivity across the Union. Member States should be able to rely on the secure MSS hybrid system, in coordination with the relevant Union bodies, to ensure continuity of critical digital public services at national level, in accordance with the priority given to secure governmental communications. While the secure MSS/hybrid system should primarily provide secure governmental communications services, in order to ensure efficient use of spectrum and maximum benefits for the European economy and citizens, that system should be enabled to use any available spectrum capacity, not used for the provision secure governmental communications, alternatively for the provision of commercial services, under the condition that the priority of providing secure governmental communications is guaranteed. |
| 8 Joint Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and The Committee of the Regions on the European Preparedness Union Strategy, 26 March 2025, JOIN(2025) 130 final. | 8 Joint Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and The Committee of the Regions on the European Preparedness Union Strategy, 26 March 2025, JOIN(2025) 130 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) The secure MSS/hybrid system should provide ubiquitous and versatile broadband and narrowband services for secure governmental and critical communications across the Union, supporting voice, data, IoT as well as D2D connectivity. Furthermore, the secure and resilient MSS/hybrid system could be essential to implement the European Preparedness Union Strategy8 , that stresses inter alia the need to embed preparedness by design into EU policies and actions for ensuring the resilience of vital societal functions, including upgrading secure communications between the EU institutions and Member States, and promoting dual-use by design in infrastructure investment for secure connectivity across the Union. While the secure MSS/hybrid system should primarily provide secure governmental communications services, in order to ensure efficient use of spectrum and maximum benefits for the European economy and citizens, that system should be enabled to use any available spectrum capacity, not used for the provision secure governmental communications, alternatively for the provision of commercial services, under the condition that the priority of providing secure governmental communications is guaranteed. | (12) The infrastructure used for the provision of secure governmental communications services should provide ubiquitous and versatile broadband and narrowband services for secure governmental and critical communications across the Union, supporting voice, data, IoT as well as D2D connectivity. Furthermore, that secure and resilient infrastructure could be essential to implement the European Preparedness Union Strategy, which stresses, inter alia, the need to embed preparedness by design into EU policies and actions for ensuring the resilience of vital societal functions, including upgrading secure communications between the EU institutions and Member States, and promoting dual-use by design in infrastructure investment for secure connectivity across the Union. While the reserved portion of the 2 GHz MSS band should primarily be used for secure governmental communications services, in order to ensure efficient use of spectrum and maximum benefits for the European economy and citizens, any available capacity not used for those services should be permitted to be used for commercial MSS services in accordance with Article 14(1), point (d), and Article 14(3a), provided that the priority, quality and security of governmental communications services are preserved. |
| 8 Joint Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and The Committee of the Regions on the European Preparedness Union Strategy, 26 March 2025, JOIN(2025) 130 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (13) The Union´s Infrastructure for Resilience, Interconnectivity and Security by satellite (‘IRIS²’), established by Regulation (EU) 2023/588 of the European Parliament and of the Council9 , is designed to provide secure, resilient and high-performance communications services for the Union and its Member States, while also enabling commercial broadband services. That critical infrastructure strengthens the Union´s digital sovereignty, reduces dependency on non-Union providers, enhances resilience against cyber and hybrid threats, and supports the Union’s strategic autonomy and competitiveness in the rapidly evolving global satellite communications market. IRIS² is based on a public-private partnership model, and deploys a multi-orbit constellation combining geostationary, medium, low and polar Earth orbit satellites with advanced cybersecurity and encryption standards. Therefore, in order to ensure a high level of network resilience as well as service complementarity and variety, the preferred approach for ensuring the provision of Union´s secure governmental satellite communications using the 2 GHz MSS band should be based on multi-orbit satellite architecture. | (13) The Union´s Infrastructure for Resilience, Interconnectivity and Security by satellite (‘IRIS²’), established by Regulation (EU) 2023/588 of the European Parliament and of the Council9 , is designed to provide secure, resilient and high-performance communications services for the Union and its Member States, while also enabling commercial broadband services. That critical infrastructure strengthens the Union´s digital sovereignty, reduces dependency on non-Union providers, enhances resilience against cyber and hybrid threats, and supports the Union’s strategic autonomy and competitiveness in the rapidly evolving global satellite communications market. IRIS² is based on a public-private partnership model, and deploys a multi-orbit constellation combining geostationary, medium, low and polar Earth orbit satellites with advanced cybersecurity and encryption standards. Therefore, the holders of Union authorisations granted pursuant to Article 13a for the provision of secure governmental communications services should support the operation of the EUCCS. |
| 9 Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023, pp. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj) | 9 Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023, pp. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) In view of the growing importance of secure, effective and resilient communications, for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS band ensures a high level of security as well as operational reliability and integrity. Where, following a selection procedure, the Commission concludes that none of the applicants is able to demonstrate such a high-level of capabilities for an effective and resilient secure MSS/hybrid system in accordance with the conditions laid down in this Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In such circumstances, the Commission should be able to relaunch the selection procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band is ultimately assigned to an undertaking capable of meeting the requirements, or to explore alternative solutions. | (15) In view of the growing importance of secure, effective and resilient communications, for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS band ensures a high level of security as well as operational reliability and integrity. Where, following a selection procedure, the Commission concludes that none of the applicants is able to demonstrate such a high-level of capabilities for an effective and resilient secure MSS/hybrid system in accordance with the conditions laid down in this Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In such circumstances, the Commission should be able to relaunch the selection procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band is ultimately assigned to an undertaking capable of meeting the requirements, or to explore alternative solutions. Pending the completion of such a renewed selection procedure, pilot projects could be carried out, where appropriate, with a view to testing and validating technical and operational solutions for secure MSS/hybrid systems and contributing to the efficient future use of the relevant spectrum. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) In view of the growing importance of secure, effective and resilient communications, for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS band ensures a high level of security as well as operational reliability and integrity. Where, following a selection procedure, the Commission concludes that none of the applicants is able to demonstrate such a high-level of capabilities for an effective and resilient secure MSS/hybrid system in accordance with the conditions laid down in this Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In such circumstances, the Commission should be able to relaunch the selection procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band is ultimately assigned to an undertaking capable of meeting the requirements, or to explore alternative solutions. | (15) In view of the growing importance of secure, effective and resilient communications, for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS band ensures a high level of security as well as operational reliability and integrity, including the secure management of the disaster recovery data that must be deployed in EU region. Where, following a selection procedure, the Commission concludes that none of the applicants is able to demonstrate such a high-level of capabilities for an effective and resilient secure MSS/hybrid system in accordance with the conditions laid down in this Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In such circumstances, the Commission should be able to relaunch the selection procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band is ultimately assigned to an undertaking capable of meeting the requirements, or to explore alternative solutions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) In view of the growing importance of secure, effective and resilient communications, for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS band ensures a high level of security as well as operational reliability and integrity. Where, following a selection procedure, the Commission concludes that none of the applicants is able to demonstrate such a high-level of capabilities for an effective and resilient secure MSS/hybrid system in accordance with the conditions laid down in this Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In such circumstances, the Commission should be able to relaunch the selection procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band is ultimately assigned to an undertaking capable of meeting the requirements, or to explore alternative solutions. | (15) In view of the growing importance of secure, effective and resilient communications for security and defence as well as for the functioning of critical services, it is essential that the assignment of rights of use in the 2 GHz MSS band for the provision of secure governmental communications services ensures a high level of security as well as operational reliability and integrity. Where, following the procurement procedure referred to in Article 6, no tenderer demonstrates the capabilities required to provide effective and resilient secure governmental communications services in accordance with the applicable requirements, it should be possible not to grant an authorisation for that portion of the band. In such circumstances, the Commission should be able to relaunch the procurement procedure in accordance with Article 6, in order to ensure that the reserved spectrum is ultimately used by a provider or providers capable of meeting those requirements. The absence of a selected provider should not affect the reservation established under Article 4(1a). |
| Text proposed by the Commission | Amendment |
|---|---|
| (15a) The secure MSS/hybrid system should ensure early, resilient and measurable availability of secure governmental communication services and maintain operational capability under conditions of intentional interference and disruptions of terrestrial and submarine communication infrastructure as well as hybrid threats, recognising the Preparedness Union Strategy, the White Paper on European Defence – Readiness 2030, Regulation (EU) 2025/1106 and in European defence projects of common interest proposed under the European Defence Industry Programme. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including byincentivising the entry of Union owned or controlled satellite operators. For this reason, the Union new entrants should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS. | (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including byincentivising the entry of Union owned or controlled satellite operators, including through cooperation between European satellite operators and European providers of electronic communications services, with a view to strengthening European technological and operational sovereignty. For those purposes, control should be assessed at the level of the applicant, in accordance with the principles of control established under Union competition law, foreign direct investment screening and strategic funding instruments. For this reason, new entrants established in the Union, in an EEA EFTA State, in the United Kingdom, or in a candidate country which has provisionally closed the relevant negotiating chapter concerning electronic communications, should be prioritised for the assignment of two of the four paired blocks of 5 MHz available for the provision of commercial MSS. |
| 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final | 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including byincentivising the entry of Union owned or controlled satellite operators. For this reason, the Union new entrants should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS. | (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including by incentivising the entry of Union owned or controlled satellite operators, including cooperations between European satellite providers and other European providers of communication services in the Union.. For this reason, the Union new entrants should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS. Such diversification should also include a geographically balanced distribution of industrial, technological and operational activities across the Union and the development of trans-European industrial cooperation, in order to strengthen the resilience of Union supply chains. |
| 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final | 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including byincentivising the entry of Union owned or controlled satellite operators. For this reason, the Union new entrants should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS. | (16) The European Economic Security Strategy11 aims to strengthen the Union’s economic resilience while safeguarding its prosperity and technological capabilities in an increasingly uncertain and geopolitically challenging environment. Among others, it seeks to protect the Union’s public order and enhance its strategic autonomy and security through diversification and increasingly resilient supply chains for critical infrastructure. These objectives could be impaired if commercial MSS across the Union were to be provided exclusively by a single third country operator. Currently, there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS band. In order to ensure resilience and pursue the Union’s strategic diversification, the Commission should pursue diversification of suppliers, including byincentivising the entry of Union owned or controlled satellite operators, including cooperations between European satellite providers and other European providers of communication services in the Union. For this reason, the Union new entrants should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS. |
| 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final | 11 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy”, JOIN/2023/20 final |
The amendment reflects that D2D services alone cannot provide high-performance connectivity, particularly indoors, without integration with terrestrial mobile networks. The EU framework should therefore recognise the essential role of European telecom operators and their networks in supporting connectivity, emergency communications and the 5G/6G ecosystem or their role for providing MSS services.
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to safeguard competition, there is a need to prevent that the spectrum available for commercial MSS is held by one undertaking or that there is significant asymmetry between the spectrum holding of commercial MSS operators. This should be ensured by a spectrum cap of paired block of 10 MHz, which should apply to applicants for the provision of commercial MSS services. The applicant selected to provide the secure MSS/hybrid system should be able to obtain, in addition to the two paired blocks of 5 MHz for the priority provision of secure governmental communications, also maximum two paired blocks of 5 MHz for the provision of commercial MSS. | (17) In order to safeguard competition, there is a need to prevent the spectrum available for commercial MSS from being held by one undertaking or significant asymmetry between the spectrum holdings of commercial MSS operators. This should be ensured by a spectrum cap of a paired block of 10 MHz, which should apply to applicants for the provision of commercial MSS services. A provider selected pursuant to Article 6 should be able to obtain, in addition to its rights of use for the provision of secure governmental communications services, a maximum of two paired blocks of 5 MHz for commercial MSS, subject to the applicable commercial selection requirements and the spectrum cap laid down in Article 4(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) In commercial MSS systems in the 2 GHz MSS band, it should not be allowed to rely predominantly on complementary ground and/or airborne components for providing MSS, compared to the space-based component of the MSS system. In order to avoid distortion of competition in the terrestrial mobile market and foster the swift and competitive deployment of advanced, high-quality commercial satellite systems, the use of the band for hybrid commercial systems should not be allowed. These components should be deployed just exceptionally, in places where the availability of MSS with the required quality could not be ensured by space stations only. The predominant reliance on especially complementary ground components might change the nature of the system from mobile satellite to terrestrial network, contradicting the purpose of this Regulation and could adversely affect competition on mobile terrestrial networks. | (18) In commercial MSS systems in the 2 GHz MSS band, it should not be allowed to rely predominantly on complementary ground and/or airborne components for providing MSS, compared to the space-based component of the MSS system. Where complementary ground components are deployed, the use of existing physical infrastructure should be prioritised, where technically feasible, in order to avoid unnecessary duplication of physical infrastructure and promote the efficient and sustainable deployment of such components. In order to avoid distortion of competition in the terrestrial mobile market and foster the swift and competitive deployment of advanced, high-quality commercial satellite systems, the use of the band for hybrid commercial systems should not be allowed. These components should be deployed just exceptionally, in places where the availability of MSS with the required quality could not be ensured by space stations only. The predominant reliance on especially complementary ground components might change the nature of the system from mobile satellite to terrestrial network, contradicting the purpose of this Regulation and could adversely affect competition on mobile terrestrial networks. |
| Text proposed by the Commission | Amendment |
|---|---|
| (19) A hybrid system in the 2 GHz MSS band, which integrates a terrestrial network (TN) and a non-terrestrial network (NTN), including any complementary ground or airborne components, should ensure, where appropriate, radio interference management and coexistence with other relevant wireless systems within the band and in adjacent bands. To that end, the Commission may include technical and operational conditions for the secure MSS/hybrid system in the call for applications, subject to prior technical studies. | (19) A hybrid system in the 2 GHz MSS band, which integrates a terrestrial network (TN) and a non-terrestrial network (NTN), including any complementary ground or airborne components, should ensure, where appropriate, radio interference management and coexistence with other relevant wireless systems within the band and in adjacent bands. To that end, subject to prior technical studies, the Commission should be able to include technical and operational requirements for the infrastructure used to provide secure governmental communications services in the procurement documents referred to in Article 6(3) and, where appropriate, in the conditions attached to the Union authorisation granted pursuant to Article 13a, in accordance with the applicable harmonised technical conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (19) A hybrid system in the 2 GHz MSS band, which integrates a terrestrial network (TN) and a non-terrestrial network (NTN), including any complementary ground or airborne components, should ensure, where appropriate, radio interference management and coexistence with other relevant wireless systems within the band and in adjacent bands. To that end, the Commission may include technical and operational conditions for the secure MSS/hybrid system in the call for applications, subject to prior technical studies. | (19) A hybrid system in the 2 GHz MSS band, which integrates a terrestrial network (TN) and a non-terrestrial network (NTN), including any complementary ground or airborne components, should ensure, where appropriate, radio interference management and coexistence with other relevant wireless systems within the band and in adjacent bands, including with terrestrial electronic communications networks and services authorised in the Union. To that end, the Commission may include technical and operational conditions for the secure MSS/hybrid system in the call for applications, subject to prior technical studies. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Data transmitted over a satellite constellation may land at different locations. With a view to prevent data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards lawful interception. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. | (20) Data transmitted over a satellite constellation may land at different locations. With a view to prevent data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards lawful interception. Member States should be guaranteed national access to the secure governmental communications services provided over the 2 GHz MSS band at all times, including in situations of tension, crisis or other security-related contingencies affecting the Union, in accordance with pre-defined prioritisation procedures. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Data transmitted over a satellite constellation may land at different locations. With a view to prevent data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards lawful interception. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. | (20) Data transmitted over a satellite constellation may land at different locations. With a view to prevent data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards data retention and lawful interception. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Data transmitted over a satellite constellation may land at different locations. With a view to prevent data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards lawful interception. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. | (20) Data transmitted over a satellite constellation may land at different locations. With a view to preventing data traffic from being exposed to a foreign legal regime on data protection, applicants for any MSS system in the 2 GHz MSS band in the Union should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the Union’s MSS system. Moreover, all traffic should be routed through the Union territory, to ensure that public authorities may exercise their competence as regards lawful interception. Furthermore, the authorisation of the 2 GHz MSS band provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union, with a view to reduce strategic dependencies and prevent security risks as well as systemic vulnerabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) In situations of military crisis or an armed conflict, priority access to 2 GHz MSS band for defence-related secure governmental communications should be allowed, in coordination with the Member States concerned, without prejudice to Member States' national security responsibilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should support business models that provide for wholesale access to satellite capacity or spectrum on fair, reasonable and non-discriminatory terms, e.g. for mobile virtual network operators. | (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should support business models that provide for wholesale access to satellite capacity or spectrum on fair, reasonable and non-discriminatory terms, e.g. for mobile virtual network operators. Furthermore, to ensure the participation of smaller players, selected operators should reserve a part of their overall operational system capacity exclusively for start-ups and SMEs at preferential rates to foster European space-tech innovation and satellite application development. A market analysis should also be conducted by the Commission to establish whether further regulatory obligations are needed to ensure competition on the market. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should support business models that provide for wholesale access to satellite capacity or spectrum on fair, reasonable and non-discriminatory terms, e.g. for mobile virtual network operators. | (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should support business models that provide for wholesale access to satellite capacity or spectrum, or other technically and commercially viable access and integration models with terrestrial mobile network operators, on fair, reasonable and non-discriminatory terms, e.g. for mobile virtual network operators. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should support business models that provide for wholesale access to satellite capacity or spectrum on fair, reasonable and non-discriminatory terms, e.g. for mobile virtual network operators. | (21) To promote market entry opportunities for new operators and effective competition, foster innovation and ensure the proper functioning of the internal market, applicants to MSS commercial systems should be required to provide for wholesale access to satellite capacity on fair, reasonable and non-discriminatory terms, and should be incentivized to provide for wholesale access to satellite spectrum, especiall for IoT services. |
Wholesale access for satellite capacity is a prerequisite to ensure effective competition on the D2D market, it should be mandatory.
| Text proposed by the Commission | Amendment |
|---|---|
| (22a) Without prejudice to the specific arrangement for the portion of the 2 GHz MSS band reserved for secure governmental communications under Articles 4(1) letter a), 6 and 13a, this Regulation does not affect the prerogatives of the Member States as regards the substantive management of radio spectrum in their territory. In particular, the competence of national competent authorities to grant authorisations for the use of radio spectrum, and to set and collect fees and charges for the rights of use of radio spectrum in accordance with Article 42 of Directive (EU) 2018/1972, remains unaffected. The harmonisation established by this Regulation concerns the substantive requirements and the conditions attached to the use of the 2 GHz MSS band and does not entail a transfer to the Union of the power to issue authorisations for the use of radio spectrum. |
The Regulation should clarify, including at recital level, that national prerogatives concerning the substantive management of spectrum remain unaffected. Such prerogatives include, in particular, the granting of authorisations by the competent national authorities and the determination and levying of fees for rights of use of spectrum. This clarification would help define more clearly the scope of the harmonisation pursued by the Regulation and ensure an appropriate balance between a harmonised European framework and Member States’ competences.
The specific arrangements foreseen for the governmental use of the band should therefore be regarded as a limited exception, justified by the particular public-interest and security objectives pursued. They should neither affect national prerogatives applicable to spectrum management nor constitute a precedent for commercially used bands or other cases of spectrum harmonisation.
| Text proposed by the Commission | Amendment |
|---|---|
| (24) Elevation of authorisation at Union level with centralised enforcement should enable the Commission to react effectively in cases of non-compliance, in coordination, where necessary, with Member States authorities, to protect Europe’s strategic interests, security, and technological sovereignty. It should also create the regulatory certainty needed to foster innovation, competition, and investment in particular, in the evolving D2D connectivity market. It is therefore necessary to bundle the selection and authorisation of holders of rights of use in the 2 GHz MSS band at the Union level. | (24) By way of exception to the general rule referred to in recital (22), and in view of the specific characteristics of the 2 GHz MSS band – namely its exclusive harmonisation at Union level, its intrinsically cross-border and pan-European nature and its strategic importance for secure connectivity – a common selection procedure at Union level, combined with harmonised authorisation conditions and coordinated enforcement, should enable the Commission, acting in cooperation with the national competent authorities, to react effectively in cases of non-compliance, to protect Europe’s strategic interests, security, and technological sovereignty. It should also create the regulatory certainty needed to foster innovation, competition, and investment in particular, in the evolving D2D connectivity market. It is therefore necessary to carry out the selection of holders of rights of use in the 2 GHz MSS band at Union level and to harmonise exhaustively the conditions of the corresponding authorisations. This model concerns the commercial MSS systems; the portion reserved for secure governmental communications is governed separately by Articles 4(1) letter a), 6 and 13a. |
Recital (24) should reflect more clearly the distinction between the selection of operators at Union level and the granting of the relevant authorisations by the competent national authorities, in line with the existing regulatory framework established by Directive (EU) 2018/1972. This clarification preserves the objective of ensuring effective and uniform implementation of the harmonised framework, while taking into account the specific characteristics of the relevant band and Member States’ competences regarding authorisation for spectrum use.
| Text proposed by the Commission | Amendment |
|---|---|
| (25) This Regulation should hence also set out a framework for the Union authorisation of the 2 GHz MSS band. Union-level rights should be granted to selected satellite undertakings for spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. Union authorisation should ensure the avoidance of harmful interference by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations, including those operated outside the Union. It should also impose effective and efficient coordination with existing and future Union satellite systems and allow access to radio spectrum at the request of competent authorities in times of crisis. | (25) This Regulation should hence also set out a framework for the pan-European authorisation of the 2 GHz MSS band. Rights of use should be granted by the national competent authorities to the applicants selected at Union level, on the basis of exhaustively harmonised requirements and conditions, so that a selected undertaking enjoys the same rights and obligations in every Member State. The authorisation should cover spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. The pan-European authorisation should ensure the avoidance of harmful interference by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations, including those operated outside the Union. It should also impose effective and efficient |
Recital (25) should clarify that harmonisation concerns the substantive requirements and conditions applicable to authorisations, while the formal power to grant such authorisations remains with the competent national authorities. This approach ensures uniformity of the rights and obligations arising from the harmonised framework across the Union, while preserving Member States’ competences regarding authorisation for spectrum use.
| Text proposed by the Commission | Amendment |
|---|---|
| (25) This Regulation should hence also set out a framework for the Union authorisation of the 2 GHz MSS band. Union-level rights should be granted to selected satellite undertakings for spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. Union authorisation should ensure the avoidance of harmful interference by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations, including those operated outside the Union. It should also impose effective and efficient coordination with existing and future Union satellite systems and allow access to radio spectrum at the request of competent authorities in times of crisis. | (25) This Regulation should hence also set out a framework for the Union authorisation of the 2 GHz MSS band. Union-level rights should be granted to selected satellite undertakings for spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. Union authorisation should ensure the avoidance of harmful interference by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations. For the secure MSS/hybrid system, such permanent control can only be ensured through the physical location of the entire ground segment infrastructure within the territory of the Member States, in accordance with Article 14(1), point (n), of this Regulation. It should also impose effective and efficient coordination with existing and future Union satellite systems and allow access to radio spectrum at the request of competent authorities in times of crisis. |
| Text proposed by the Commission | Amendment |
|---|---|
| (25) This Regulation should hence also set out a framework for the Union authorisation of the 2 GHz MSS band. Union-level rights should be granted to selected satellite undertakings for spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. Union authorisation should ensure the avoidance of harmful interference by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations, including those operated outside the Union. It should also impose effective and efficient coordination with existing and future Union satellite systems and allow access to radio spectrum at the request of competent authorities in times of crisis. | (25) This Regulation should hence also set out a framework for the Union authorisation of the 2 GHz MSS band. Union-level rights should be granted to selected satellite undertakings for spectrum use, system deployment, including complementary and airborne ground components, and service provision. This would address regulatory fragmentation and reinforce the Union’s strategic autonomy and security, also supporting EU space and connectivity policy objectives. Union authorisation should ensure the avoidance of harmful interference in the same band as well as in adjacent bands by requiring the holders of rights of use to maintain permanent control over the transmission of all radio stations, including those operated outside the Union. It should also impose effective and efficient coordination with existing and future Union satellite systems and terrestrial systems and allow access to radio spectrum at the request of competent authorities in times of crisis. |
| Text proposed by the Commission | Amendment |
|---|---|
| (25a) Satellite communication systems will complement terrestrial capabilities in providing uninterrupted availability of communication service, in particular to remote and underserved regions, providing critical redundancy and resilience against groundbased disruptions, which are particularly important for the provision of safety and disaster relief services in all circumstances. In this context, it is appropriate to ensure that both the secure MSS/hybrid system and the commercial MSS systems provide for a full coverage of the population and the aggregate land area of each Member State. Full coverage should be understood as the combined fulfilment of population and geographic coverage in a near-universal manner under normal conditions, including outermost areas and high-latitude areas, such that mobile satellite services are effectively available to end-users across the union. In order to ensure that coverage obligations are proportionate and do not create undue barriers to market entry, it is appropriate to establish a phased approach to their implementation with a coverage of at least 95 % of the population of each Member State and at least 90 % of the aggregate land area of each Member State after five years increasing to full coverage after ten years. |
To clarify the rationale for a full coverage objective, in light of the evolving role of MSS, and to provide interpretative guidance on “full coverage” as a combination of population and geographic requirements in a near universal manner, including remote and utermost areas.
| Text proposed by the Commission | Amendment |
|---|---|
| (25a) Satellite communication systems will complement terrestrial capabilities in providing uninterrupted availability of communication service, in particular to remote and underserved regions, providing critical redundancy and resilience against ground-based disruptions, which are particularly important for the provision of safety and disaster relief services in all circumstances. In this context, it is appropriate to ensure that both the secure MSS/hybrid system and the commercial MSS systems provide for a full coverage of the population and the aggregate land area of each Member State. Full coverage should be understood as the combined fulfilment of population and geographic coverage in a near-universal manner under normal conditions, including outermost areas and high-altitude areas, such that mobile satellite services are effectively available to end-users across the union. In order to ensure that coverage obligations are proportionate and do not create undue barriers to market entry, it is appropriate to establish a phased approach to their implementation. |
Mobile satellite services, including direct-to-device, are becoming integral to Europe’s connectivity. Given 20-year spectrum rights, coverage obligations should reflect the system’s long-term objective. Full Union coverage within ten years would ensure progressive rollout, including to rural, remote and outermost regions, while avoiding persistent gaps. A new recital (25a) would guide interpretation, with further detail set by the Commission under Article 5(2).
| Text proposed by the Commission | Amendment |
|---|---|
| (25a) Satellite communication systems will complement terrestrial capabilities in providing uninterrupted availability of communication service, in particular to remote and underserved regions, providing critical redundancy and resilience against ground-based disruptions, which are particularly important for the provision of safety and disaster relief services in all circumstances. In this context, it is appropriate to ensure that both the secure MSS/hybrid system and the commercial MSS systems provide for a full coverage of the population and the aggregate land area of each Member State. Full coverage should be understood as the combined fulfilment of population and geographic coverage in a near-universal manner under normal conditions, including outermost areas and high-altitude areas, such that mobile satellite services are effectively available to end-users across the union. In order to ensure that coverage obligations are proportionate and do not create undue barriers to market entry, it is appropriate to establish a phased approach to their implementation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (25a) In order to ensure the predictability and effectiveness of priority access to spectrum in times of crisis, the triggering framework for this obligation should be clarified by reference to existing Union crisis-management mechanisms, a minimum volume of capacity concerned should be set, and adequate compensation should be provided for the operators concerned, so as to reconcile the imperative of resilience with the economic viability of commercial systems. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Taking into account the strategic importance of the secure MSS/hybrid system, the right of use of the 2 GHz MSS band for that system should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected applicants commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the secure MSS/hybrid system with the IRIS2 system. The call for applications should specify the level of integration of the secure MSS/hybrid system with the IRIS2 system, for instance addressing the overall management of end-to-end security services by using hardware, software and standards in line with the specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the Union’s territory of a principal ground control station of the secure MSS/hybrid system as an integral part of the IRIS2 network managment, or hosting and management of IRIS2 payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements, and require appropriate measures to guarantee the integrity, security and resilience of the system components and their operation, thereby safeguarding the priority and continuity of governmental communications services. | (26) Taking into account the strategic importance of the secure MSS/hybrid system, the right of use of the 2 GHz MSS band for that system should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected applicants commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the secure MSS/hybrid system with the IRIS2 system. The call for applications should specify the level of integration of the secure MSS/hybrid system with the IRIS2 system, for instance addressing the overall management of end-to-end security services by using hardware, software and standards in line with the specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the Union’s territory of a principal ground control station of the secure MSS/hybrid system as an integral part of the IRIS2 network managment, or hosting and management of IRIS2 payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements, and require appropriate measures to guarantee the integrity, security and resilience of the system components and their operation, thereby safeguarding the priority and continuity of governmental communications services. Integration may also include the contribution of complementary service capabilities to the IRIS² architecture, including additional service layers supporting narrowband Internet of Things (NB-IoT) applications of public interest. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Taking into account the strategic importance of the secure MSS/hybrid system, the right of use of the 2 GHz MSS band for that system should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected applicants commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the secure MSS/hybrid system with the IRIS2 system. The call for applications should specify the level of integration of the secure MSS/hybrid system with the IRIS2 system, for instance addressing the overall management of end-to-end security services by using hardware, software and standards in line with the specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the Union’s territory of a principal ground control station of the secure MSS/hybrid system as an integral part of the IRIS2 network managment, or hosting and management of IRIS2 payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements, and require appropriate measures to guarantee the integrity, security and resilience of the system components and their operation, thereby safeguarding the priority and continuity of governmental communications services. | (26) Taking into account the strategic importance of secure governmental communications services, the right of use of the 2 GHz MSS band for the provision of those services should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected providers commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS² system’s governmental infrastructure, which is owned by the Union pursuant to Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the infrastructure used for the provision of secure governmental communications services with the IRIS² system. The procurement documents referred to in Article 6(3) of this Regulation should specify the level of that integration, for instance addressing the overall management of end-to-end security services using hardware, software and standards in line with the specifications established under Regulation (EU) 2023/588, ensuring the establishment within the Union’s territory of a principal ground control station as an integral part of IRIS² network management, or the hosting and management of IRIS² payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements and require appropriate measures to guarantee the integrity, security and resilience of the infrastructure and its operation, thereby safeguarding the priority and continuity of governmental communications services. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) Taking into account the strategic importance of the secure MSS/hybrid system, the right of use of the 2 GHz MSS band for that system should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected applicants commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the secure MSS/hybrid system with the IRIS2 system. The call for applications should specify the level of integration of the secure MSS/hybrid system with the IRIS2 system, for instance addressing the overall management of end-to-end security services by using hardware, software and standards in line with the specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the Union’s territory of a principal ground control station of the secure MSS/hybrid system as an integral part of the IRIS2 network managment, or hosting and management of IRIS2 payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements, and require appropriate measures to guarantee the integrity, security and resilience of the system components and their operation, thereby safeguarding the priority and continuity of governmental communications services. | (26) Taking into account the strategic importance of the secure MSS/hybrid system, the right of use of the 2 GHz MSS band for that system should be subject to Union authorisation under tailored authorisation conditions. These conditions should ensure that selected applicants commit to the provision and continuous operation of secure governmental communications services, including the operation, maintenance, replenishment and protection of the relevant satellite and terrestrial infrastructure. Given the mission-critical nature of governmental services and their inherent link to the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure the integration of the secure MSS/hybrid system with the IRIS2 system. The call for applications should specify the level of integration of the secure MSS/hybrid system with the IRIS2 system, for instance addressing the overall management of end-to-end security services by using hardware, software and standards in line with the specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the Union’s territory of a principal ground control station of the secure MSS/hybrid system as an integral part of the IRIS2 network management, or hosting and management of IRIS2 payloads. Furthermore, the Union authorisation should ensure compliance with the highest applicable cybersecurity requirements, and require appropriate measures to guarantee the integrity, security and resilience of the system components and their operation, thereby safeguarding the priority and continuity of governmental communications services. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26a) Given the critical nature of the secure MSS/hybrid system and its integration with IRIS² governmental infrastructure, the entry into service of that system should be conditional on a prior positive security accreditation decision by the Security Accreditation Board (SAB), which is the security accreditation authority for all components of the Union Space Programme pursuant to Article 36 of Regulation (EU) 2021/696. This requirement ensures that the space and ground network meets the Union's strictest governmental and military security requirements before any operational deployment. |
| Text proposed by the Commission | Amendment |
|---|---|
| (27) Both incumbent holders of rights of use of spectrum in the 2 GHz MSS band have deployed certain mobile satellite services, which have been, to some extent, taken up by customers. Authorisation conditions could hence incentivise a degree of service continuity and for solving any dispute between incumbent operators and new entrants in this matter, in case the rights of use will be allocated to other undertakings. | deleted |
This recital could favor the application of current incumbent, which would make the competition process less fair.
| Text proposed by the Commission | Amendment |
|---|---|
| (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remains uncertain, it is appropriate to limit the duration of the rights of use in order to allow the Commission to reassess the technological, market and security conditions once the technology has matured. The rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a period of 20 years, which is sufficient to recuperate the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. | (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remain uncertain, it is appropriate to limit the duration of rights of use in order to allow the Commission to reassess technological, market and security conditions once the technology has matured. Rights of use of spectrum in the 2 GHz MSS band for commercial MSS systems should therefore be granted for a period of 20 years, which is sufficient to recover the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. The review after ten years provided for in Article 16(1) should assess compliance with the authorisation conditions, efficient spectrum use and effects on competition, without itself shortening or renewing those rights. The duration and renewal of rights of use for secure governmental communications services should instead be governed by Article 16a and aligned with the remaining duration of the underlying contract or concession concluded pursuant to Regulation (EU) 2023/588. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remains uncertain, it is appropriate to limit the duration of the rights of use in order to allow the Commission to reassess the technological, market and security conditions once the technology has matured. The rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a period of 20 years, which is sufficient to recuperate the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. | (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remains uncertain, it is appropriate to limit the duration of the rights of use in order to allow the Commission to reassess the technological, market and security conditions once the technology has matured. The rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a period of 20 years, which is sufficient to recuperate the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. Any renewal of the rights of use should not be automatic and should be subject to an assessment of technological and market developments, the efficient use of spectrum, competition and the continued achievement of the objectives of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remains uncertain, it is appropriate to limit the duration of the rights of use in order to allow the Commission to reassess the technological, market and security conditions once the technology has matured. The rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a period of 20 years, which is sufficient to recuperate the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. | (28) Taking into account that the deployment of D2D technologies is still evolving and its operational characteristics and market uptake remains uncertain, it is appropriate to limit the duration of the rights of use in order to allow the Commission to reassess the technological, market and security conditions once the technology has matured, and in order to maintain competition. The rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a period of 20 years, which is sufficient to recuperate the initial investment and at the same time preserves regulatory flexibility, promotes efficient use of spectrum and allows the conditions of use to be adapted in light of technological developments following the initial deployment. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28a) In order to provide sufficient regulatory predictability and investment certainty, at least five years before the expiry of the initial 20-year period, the Commission should assess whether the regulatory framework applicable to the use of the 2 GHz MSS band remains appropriate in light of technological, market and other relevant developments. Where the Commission considers that the regulatory framework requires review, it should submit a proposal for the revision of this Regulation, as appropriate. Where no review of the regulatory framework is necessary, the right of use should, upon request by its holder, be renewed once for a similar duration and under similar conditions, unless one or more of the specific grounds for non-renewal set out in this Regulation apply. The renewal should be adopted by means of a delegated act. | |
| Where the Commission decides not to renew the right of use, it should, before the expiry of that right and in order to ensure continuity of the service, organise an open, transparent and non-discriminatory selection and authorisation procedure to grant new rights or to renew existing rights subject to a different duration or different conditions, where justified by the circumstances set out in this Regulation. This framework should provide sufficient visibility for market participants and avoid uncertainty that could adversely affect investment in the continued development and provision of MSS. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. | (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. The weight attributed to that criterion in the evaluation grid should under no circumstances exceed 15 % of the overall score, so as to ensure that security, technological resilience and the Union's industrial added value systematically prevail over applicants' mere financial contributory capacity, in line with the approach taken in Article 25 of Regulation (EU) 2024/1735 (the 'Net-Zero Industry Act') for non-price criteria. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. | (29) A competitive procedure allows market participants to signal the market price and value of the band. Selection criteria can be applied within the competitive procedure and applicants should be selected on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. | (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not predominantly by the amount offered as a financial contribution. The weighting assigned to the criterion relating to the one-off financial contribution should therefore not exceed 5% of the total weighting of the selection criteria. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29) A comparative selection procedure should be used for the assignment of this spectrum, because the indirect benefits for the EU of the development of a satellite project and the provision of the mobile satellite services in this band are more important than the direct benefits from any possible auction proceeds. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. | (29) The spectrum available for commercial MSS systems should be assigned through a comparative selection procedure, taking into account the benefits of satellite connectivity for the Union beyond the financial contribution offered by applicants. Moreover, applicants should be selected predominantly on the basis of the quality, and innovation capacity of their offers as well as on the basis of the extent to which the selection of a particular applicant or applicants promotes competition and avoids any threat to competition, and not by the amount offered as a financial contribution. This should be reflected in particular in the weighting of the criterion related to the avoidance of threats due to the possible creation or strengthening of a dominant position as well as by a lower weighting of the one-off financial contribution criterion. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29a) In line with the Union's economic security strategy set out in JOIN(2023) 20 final, which identifies supply chain vulnerability and the security of critical infrastructure as priority risks, and for consistency with the 40 % benchmark set by Regulation (EU) 2024/1735 for the Union's manufacturing capacity in strategic technologies, the weighting of the Union added value criterion for commercial MSS systems in the comparative selection procedure should represent a substantial and predictable share of the overall score, so as to secure the development of the European space industrial base and reduce the Union's dependency on third-country suppliers liable to weaponise that dependency. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30) The rights of use for secure MSS/hybrid system should be assigned through a comparative procedure against the commitment of the development and operation of a project, and any financial contribution. For preserving security, integrity and resilience of the secure MSS/hybrid system operation and for allowing compatibility of such system with the IRIS2 system, the admissibility requirements should reflect the eligibility and participation conditions set out Article 24 of Regulation (EU) 2021/696. | (30) The rights of use for secure MSS/hybrid system should be assigned through a comparative procedure against the commitment of the development and operation of a project, and payment of the one-off financial contribution. For preserving security, integrity and resilience of the secure MSS/hybrid system operation and for allowing compatibility of such system with the IRIS2 system, the admissibility requirements should reflect the eligibility and participation conditions set out Article 24 of Regulation (EU) 2021/696. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30) The rights of use for secure MSS/hybrid system should be assigned through a comparative procedure against the commitment of the development and operation of a project, and any financial contribution. For preserving security, integrity and resilience of the secure MSS/hybrid system operation and for allowing compatibility of such system with the IRIS2 system, the admissibility requirements should reflect the eligibility and participation conditions set out Article 24 of Regulation (EU) 2021/696. | (30) Providers using the reserved portion of the 2 GHz MSS band for secure governmental communications services should be selected through the dedicated procurement procedure referred to in Article 6. The applicable eligibility, participation and security requirements should be those established under Regulation (EU) 2023/588. Following selection, the Commission should grant the Union authorisation pursuant to Article 13a, subject to the conditions laid down in Article 14. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30a) Admissibility criteria relating to capital control are not, on their own, sufficient to guarantee the Union's industrial autonomy in the deployment of the MSS system, since they do not prevent an applicant exclusively controlled from within the Union from relying entirely on third-country suppliers for the manufacturing of critical space- and ground-segment components. The admissibility of applications for commercial MSS systems by Union new entrants should therefore be made conditional on demonstrating a minimum level of territorialisation of the industrial supply chain. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30b) The selection procedure should consider the new issues that are emerging regarding the space market, to ensure the integrity and resilience of the infrastructure on the long run. It should especially look at the strategy of the applicants regarding the de-orbiting of obsolete satellites in order to efficiently use the orbital space the EU has access to. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30c) Given the governmental and dual-use nature of the secure MSS/hybrid system, its direct integration with the IRIS² infrastructure, and its role within the Union's economic security strategy set out in JOIN(2023) 20 final, the weighting of the Union added value criterion applicable to that system should be set at a level substantially higher than that applied to commercial systems, in order to secure a fully European industrial base for the Union's most sensitive capabilities. To that end, that criterion, referred to in Article 8(1), point (g), should not represent less than 70 % of the total number of points that may be awarded under the second selection phase |
| Text proposed by the Commission | Amendment |
|---|---|
| (31) Taking into account the importance of MSS for the Union, the Commission should be empowered to set in a call for application a date by which the continuous provision of MSS should commence. Continuous provision of MSS refers to the service for which all tests have been concluded, and service is fully commercially deployed and provided to users in an uninterrupted manner without degradation of service quality or service outages. This requires that a communication link is always established to a particular geographical area either by including that area in the coverage area of a geostationary Earth orbit satellite or by ensuring the seamless handover of the communication link to that area by satellites in non-geostationary Earth orbit or orbits or by combination thereof. | (31) Taking into account the importance of MSS for the Union, the Commission should be empowered to set in the call for applications a date by which the continuous provision of commercial MSS should commence. For secure governmental communications services, the corresponding deployment schedule and implementation milestones should be established in the procurement documents referred to in Article 6(3) and incorporated into the conditions of the Union authorisation granted pursuant to Article 13a. Continuous provision of MSS refers to services for which all tests have been concluded and which are fully operational and provided to users in an uninterrupted manner without degradation of service quality or service outages. This requires that a communication link is always established to a particular geographical area, either by including that area in the coverage area of a geostationary Earth orbit satellite or by ensuring the seamless handover of the communication link by satellites in non-geostationary Earth orbit or orbits, or by a combination thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (31) Taking into account the importance of MSS for the Union, the Commission should be empowered to set in a call for application a date by which the continuous provision of MSS should commence. Continuous provision of MSS refers to the service for which all tests have been concluded, and service is fully commercially deployed and provided to users in an uninterrupted manner without degradation of service quality or service outages. This requires that a communication link is always established to a particular geographical area either by including that area in the coverage area of a geostationary Earth orbit satellite or by ensuring the seamless handover of the communication link to that area by satellites in non-geostationary Earth orbit or orbits or by combination thereof. | (31) Taking into account the importance of MSS for the Union, the Commission should be empowered to set in a call for applications a date by which the continuous provision of MSS should commence. Continuous provision of MSS refers to the service for which all tests have been concluded, and service is fully commercially deployed and provided to users in an uninterrupted manner without degradation of service quality or service outages. This requires that a communication link is always established to a particular geographical area either by including that area in the coverage area of a geostationary Earth orbit satellite or by ensuring the seamless handover of the communication link to that area by satellites in non-geostationary Earth orbit or orbits or by combination thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (32) The rights for use of the 2 GHz MSS band for secure MSS/hybrid systems should not be transferable or leasable, in order to ensure that they are used for the purpose for and under the conditions which they were assigned. On the contrary, the rights of use for commercial purposes should be in principle transferable. The Commission should specify the conditions governing transfer or lease of the rights of use for commercial services at the time the rights are granted. The transfer of rights should be restricted to parties that meet the admissibility and eligibility criteria specified in this Regulation. To facilitate such transactions, and provided that technical implementing measures adopted under Decision No 676/2002/EC of the European Parliament and of the Council14 are respected, the Commission should also consider requests to partition or disaggregate spectrum rights and to review the related conditions of use. The Commission should be able to refuse a transfer or lease on grounds of security, sovereignty, or other public policy objectives, including the promotion or maintenance of effective competition, or where there are insufficient guarantees that the spectrum will be used in accordance with the authorisation conditions or for its intended purpose. | (32) The rights for use of the 2 GHz MSS band for secure MSS/hybrid systems should not be transferable or leasable, in order to ensure that they are used for the purpose for and under the conditions which they were assigned. On the contrary, the rights of use for commercial purposes should be in principle transferable. The Commission should specify the conditions governing transfer or lease of the rights of use for commercial services at the time the rights are granted. The transfer of rights should be restricted to parties that meet the admissibility and eligibility criteria specified in this Regulation. To facilitate such transactions, and provided that technical implementing measures adopted under Decision No 676/2002/EC of the European Parliament and of the Council14 are respected, the Commission should also consider requests to partition or disaggregate spectrum rights and to review the related conditions of use. The Commission should be able to refuse a transfer or lease on grounds of security, sovereignty, or other public policy objectives, including the promotion or maintenance of effective competition, or where there are insufficient guarantees that the spectrum will be used in accordance with the authorisation conditions or for its intended purpose. In order to ensure the effectiveness of the risk assessment referred to in Article 17(4), point (c), the existence of a risk to the Union's sovereignty, resilience, security or defence should be assessed on the basis of an objective and verifiable threshold relating to the extent of control exercised over the acquiring undertaking by natural or legal persons of a third country, in line with the approach applied under Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union. |
| 14 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, pp. 1, ELI: http://data.europa.eu/eli/dec/2002/676(1)/oj) | 14 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, pp. 1, ELI: http://data.europa.eu/eli/dec/2002/676(1)/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (32) The rights for use of the 2 GHz MSS band for secure MSS/hybrid systems should not be transferable or leasable, in order to ensure that they are used for the purpose for and under the conditions which they were assigned. On the contrary, the rights of use for commercial purposes should be in principle transferable. The Commission should specify the conditions governing transfer or lease of the rights of use for commercial services at the time the rights are granted. The transfer of rights should be restricted to parties that meet the admissibility and eligibility criteria specified in this Regulation. To facilitate such transactions, and provided that technical implementing measures adopted under Decision No 676/2002/EC of the European Parliament and of the Council14 are respected, the Commission should also consider requests to partition or disaggregate spectrum rights and to review the related conditions of use. The Commission should be able to refuse a transfer or lease on grounds of security, sovereignty, or other public policy objectives, including the promotion or maintenance of effective competition, or where there are insufficient guarantees that the spectrum will be used in accordance with the authorisation conditions or for its intended purpose. | (32) Rights of use granted pursuant to Article 13a for the provision of secure governmental communications services should not be transferable or leasable, in order to ensure that they are used for the purpose for which and under the conditions under which they were granted. Rights of use for commercial purposes should, in principle, be transferable. The Commission should specify the conditions governing transfer or lease of rights of use for commercial services at the time those rights are granted. The transfer of rights should be restricted to parties that meet the admissibility and eligibility criteria specified in this Regulation. To facilitate such transactions, and provided that technical implementing measures adopted under Decision No 676/2002/EC of the European Parliament and of the Council14 are respected, the Commission should also consider requests to partition or disaggregate spectrum rights and to review the related conditions of use. The Commission should be able to refuse a transfer or lease on grounds of security, sovereignty or other public policy objectives, including the promotion or maintenance of effective competition, or where there are insufficient guarantees that the spectrum will be used in accordance with the authorisation conditions or for its intended purpose. |
| 14 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, pp. 1, ELI: http://data.europa.eu/eli/dec/2002/676(1)/oj) | 14 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, pp. 1, ELI: http://data.europa.eu/eli/dec/2002/676(1)/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (33) The adequate characteristics of the 2 GHz MSS band for provision of D2D services and its exclusive use increase the economic value of the band for its users. The overall management of the 2 GHz band at the Union level would provide significant positive improvements for the single market by minimising market fragmentation, comparing to management on the level of Member States. In order to ensure an efficient allocation and use of the 2 GHz MSS band and, to support Union spectrum management activities as well as the continued provision of secure governmental communications to the Union and its Member States, it is appropriate to establish financial contributions and spectrum fees for the use of the 2 GHz MSS band. | (33) The adequate characteristics of the 2 GHz MSS band for provision of D2D services and its exclusive use increase the economic value of the band for its users. The overall management of the 2 GHz band at the Union level would provide significant positive improvements for the single market by minimising market fragmentation, comparing to management on the level of Member States. In order to ensure an efficient allocation and use of the 2 GHz MSS band and, to support Union spectrum management activities as well as the continued provision of secure governmental communications to the Union and its Member States, it is appropriate to establish proportionate and reasonable financial contributions and spectrum fees for the use of the 2 GHz MSS band. |
| Text proposed by the Commission | Amendment |
|---|---|
| (33) The adequate characteristics of the 2 GHz MSS band for provision of D2D services and its exclusive use increase the economic value of the band for its users. The overall management of the 2 GHz band at the Union level would provide significant positive improvements for the single market by minimising market fragmentation, comparing to management on the level of Member States. In order to ensure an efficient allocation and use of the 2 GHz MSS band and, to support Union spectrum management activities as well as the continued provision of secure governmental communications to the Union and its Member States, it is appropriate to establish financial contributions and spectrum fees for the use of the 2 GHz MSS band. | (33) The adequate characteristics of the 2 GHz MSS band for provision of D2D services and its exclusive use increase the economic value of the band for its users. The overall management of the 2 GHz band at the Union level would provide significant positive improvements for the single market by minimising market fragmentation, comparing to management on the level of Member States. In order to ensure an efficient allocation and use of the 2 GHz MSS band and, to support Union spectrum management activities as well as the continued provision of secure governmental communications to the Union and its Member States, it is appropriate to establish proportionate financial contributions and spectrum fees for the use of the 2 GHz MSS band. |
| Text proposed by the Commission | Amendment |
|---|---|
| (34) Due to technological progress in the field of satellite communications, in particular the possibility of satellites to communicate with standard non-proprietary user mobile devices, and the convergence between TNs and NTNs, the management of the 2 GHz MSS band at the European level has the potential to maximise its value for the Member States and the Union. This is hence necessary to effectively manage and efficiently use radio spectrum in a strategic way as a common resource. A Union authorisation allows its holder to access the band across the entire single market under uniform authorisation conditions, allowing the deployment of seamless pan-European services. | (34) Due to technological progress in the field of satellite communications, in particular the possibility of satellites to communicate with standard non-proprietary user mobile devices, and the convergence between TNs and NTNs, the coordinated management of the 2 GHz MSS band at the European level has the potential to maximise its value for the Member States and the Union. This is hence necessary to effectively manage and efficiently use radio spectrum in a strategic way as a common resource. A pan-European authorisation allows its holder to access the band across the entire single market under uniform authorisation conditions, allowing the deployment of seamless pan-European services, while the granting of the authorisation remains with the national competent authorities. |
The amendment ensures terminological consistency and clarifies that uniform conditions and the seamless provision of services result from the harmonisation of the applicable requirements and conditions across the Union. Such harmonisation can be ensured while retaining the formal granting of authorisations by the competent national authorities.
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Given the high value of the 2 GHz MSS band, the comparative selection procedure should include amongst the selection criteria the requirement for applicants to propose a one-off financial contribution, in the form of a sealed bid. Such contribution reflects willingness to pay for the attribution of the scarce spectrum resource, against the constraints of the authorisation conditions, and promotes efficient allocation by capturing its competitive market value. Such financial contributions should however not result in the selection being determined predominantly by the amount offered. | (35) Given the high value of the 2 GHz MSS band, the comparative selection procedure should include amongst the selection criteria the requirement for applicants to propose a one-off financial contribution, which is not lower than the minimum level determined by the Commission, in the form of a sealed bid. Such contribution reflects willingness to pay for the attribution of the scarce spectrum resource, against the constraints of the authorisation conditions, and promotes efficient allocation by capturing its competitive market value. However, in order to ensure that the comparative selection is primarily based on the quality, innovation capacity and other substantive merits of the offers, the weighting assigned to the criterion relating to the one-off financial contribution should not exceed 5% of the total weighting of the selection criteria. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Given the high value of the 2 GHz MSS band, the comparative selection procedure should include amongst the selection criteria the requirement for applicants to propose a one-off financial contribution, in the form of a sealed bid. Such contribution reflects willingness to pay for the attribution of the scarce spectrum resource, against the constraints of the authorisation conditions, and promotes efficient allocation by capturing its competitive market value. Such financial contributions should however not result in the selection being determined predominantly by the amount offered. | (35) Given the high value of the 2 GHz MSS band, the comparative selection procedure for commercial MSS systems should include among the selection criteria the requirement for applicants to propose a one-off financial contribution in the form of a sealed bid. Such a contribution reflects willingness to pay for the assignment of the scarce spectrum resource, taking account of the constraints arising from the authorisation conditions, and promotes efficient allocation by capturing its competitive market value. Such financial contributions should, however, not result in the selection being determined predominantly by the amount offered. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) The Commission may determine the conditions for setting out the amount of the minimum one-off contributions via delegated act, taking into account the value of the spectrum and the necessary investments. The minimum contribution for the right of use for the secure MSS/hybrid system could differ from the one for the MSS commercial system and could be set at zero, depending on the higher security requirements and additional investment needed to ensure the required level of security and the risk that the financial contribution would be to the detriment of security. A separate evaluation of the minimal amount of the one-off financial contribution for the secure MSS/hybrid system might be also justified by the expected higher cost of operation and lower economic viability of these systems due to the uncertainty of demand for secure governmental communication services. Additionally, this uncertainty combined with the obligation to prioritise secure governmental communications services renders difficult to predict when spectrum would be available for commercial use. | (36) The Commission should be empowered to determine, by means of delegated acts, the methodology for setting minimum one-off financial contributions for rights of use for commercial MSS systems, taking into account the value of the spectrum and the necessary investments. Rights of use granted pursuant to Article 13a for the provision of secure governmental communications services should not be subject to a one-off financial contribution under Article 18, since the providers concerned are selected through the dedicated procurement procedure under Article 6 and the financial framework established by Regulation (EU) 2023/588. Annual spectrum fees should remain applicable to those rights of use. |
| Text proposed by the Commission | Amendment |
|---|---|
| (38) 2 GHz MSS spectrum right holders should be subject to an annual fee that reflects the value of the ongoing rights of use of the public resource, thereby discouraging spectrum hoarding and incentivising efficient use of spectrum. The annual fee should at least cover the administrative cost of management, control and enforcement of the general authorisation for provision of services and networks and of management of spectrum authorisation at Union level including the cost of implementing the relevant authorisation conditions and of monitoring spectrum use. It should further cover the initial operational costs of the Office of Digital Networks (ODN), established in the Regulation (EU) [XXX] of the European Parliament and of the Council on digital networks (Digital Networks Act). | (38) 2 GHz MSS spectrum right holders should be subject to an annual fee that reflects the value of the ongoing rights of use of the public resource, thereby discouraging spectrum hoarding and incentivising efficient use of spectrum. The annual fee should at least cover the administrative cost of management, control and enforcement of the general authorisation for provision of services and networks and of management of spectrum authorisation at Union level including the cost of implementing the relevant authorisation conditions and of monitoring spectrum use. |
| Text proposed by the Commission | Amendment |
|---|---|
| (40) The Commission should, together with the Member States, take appropriate measures with a view to ensuring effective monitoring and enforcement of the Union authorisations, in full compliance of the rights of defence of the undertakings concerned. Monitoring arrangements to evaluate the provision of services and efficient use of spectrum should rely both on national capacities and the cooperation with the European Space Agency. National competent authorities responsible for spectrum management should inform the Commission of any breaches of authorisation conditions. The Commission should be empowered to impose fines or periodic penalty payments for breaches of authorisation conditions. Such fines should be proportionate and should take into account the gravity and duration of the infringement and, where the infringement concerns a breach of national rules, any penalties already imposed by national authorities. In order to effectively ensure compliance, Member States should give full effect within their territory to decisions imposing corrective measures or sanctions. Where the conditions attached to the use of the 2 GHz MSS band are breached through repeated and substantial non-compliance, the Commission should be empowered to withdraw the Union authorisation and should launch a new selection procedure in accordance with this Regulation. | (40) The Commission should, together with the Member States, take appropriate measures with a view to ensuring effective monitoring and enforcement of the Union authorisations, in full compliance of the rights of defence of the undertakings concerned. Monitoring arrangements to evaluate the provision of services and efficient use of spectrum should rely both on national capacities and the cooperation with the European Space Agency. National competent authorities responsible for spectrum management should inform the Commission of any breaches of authorisation conditions. The Commission should be empowered to impose fines or periodic penalty payments for breaches of authorisation conditions. Such fines should be proportionate and should take into account the gravity and duration of the infringement and, where the infringement concerns a breach of national rules, any penalties already imposed by national authorities. In order to effectively ensure compliance, Member States should give full effect within their territory to decisions imposing corrective measures or sanctions. Where the conditions attached to the use of the 2 GHz MSS band are breached through repeated and substantial non-compliance, the Commission should be empowered to withdraw the Union authorisation and should launch a new selection procedure in accordance with this Regulation. The Commission’s monitoring should cover, inter alia, incidents of harmful interference affecting terrestrial networks, the impact on consumer experience and the performance of emergency services, the efficient use of spectrum, progress in deployment, and risks relating to market concentration and exclusivity. |
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The rights of use granted in accordance with Commission Decision 2009/449/EC15 should be extended for a period of two years, under the same authorisation conditions currently provided in the Decision No 626/2008/EC and national legislation The extension shall only benefit incumbent rights holders and ensure the continuity of their services. During the period of extension, the rights of use should neither be transferred nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period of the extension of an existing licence, spectrum sharing should allow experiments and trials by new users on a non-protection and non-interference basis. Such experimental activities would generate valuable technical and operational knowledge about emerging technologies, spectrum coexistence, and compliance challenges and accelerate the full-scale deployment of innovative services, | deleted |
| 15 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI: http://data.europa.eu/eli/dec/2009/449/oj |
Consequential amendment following the deletion of Article 20. Any temporary extension of existing rights of use should be addressed through a separate legislative proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The rights of use granted in accordance with Commission Decision 2009/449/EC15 should be extended for a period of two years, under the same authorisation conditions currently provided in the Decision No 626/2008/EC and national legislation The extension shall only benefit incumbent rights holders and ensure the continuity of their services. During the period of extension, the rights of use should neither be transferred nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period of the extension of an existing licence, spectrum sharing should allow experiments and trials by new users on a non-protection and non-interference basis. Such experimental activities would generate valuable technical and operational knowledge about emerging technologies, spectrum coexistence, and compliance challenges and accelerate the full-scale deployment of innovative services, | (41) The rights of use granted in accordance with Commission Decision 2009/449/EC15 should be extended for a period of two years, under the same authorisation conditions currently provided in the Decision No 626/2008/EC and national legislation The extension shall only benefit incumbent rights holders and ensure the continuity of their services. During the period of extension, the rights of use should neither be transferred nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period of the extension of an existing licence, spectrum sharing should allow experiments and trials by new users on a non-protection and non-interference basis. Such experimental activities would generate valuable technical and operational knowledge about emerging technologies, spectrum coexistence, and compliance challenges and accelerate the full-scale deployment of innovative services. The transitional period should also provide opportunities for new users to conduct testing and experimental activities and for pilot projects involving innovative MSS-based services, including narrowband IoT applications of public interest. Such activities may support critical infrastructure monitoring, resilience and emergency communications and facilitate cooperation between incumbent operators and Union new entrants, without affecting the outcome of the subsequent selection procedure. |
| 15 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI: http://data.europa.eu/eli/dec/2009/449/oj | 15 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI: http://data.europa.eu/eli/dec/2009/449/oj |
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The rights of use granted in accordance with Commission Decision 2009/449/EC15 should be extended for a period of two years, under the same authorisation conditions currently provided in the Decision No 626/2008/EC and national legislation The extension shall only benefit incumbent rights holders and ensure the continuity of their services. During the period of extension, the rights of use should neither be transferred nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period of the extension of an existing licence, spectrum sharing should allow experiments and trials by new users on a non-protection and non-interference basis. Such experimental activities would generate valuable technical and operational knowledge about emerging technologies, spectrum coexistence, and compliance challenges and accelerate the full-scale deployment of innovative services, | (41) The rights of use granted in accordance with Commission Decision 2009/449/EC15 should be extended for a period of two years, under the same authorisation conditions currently provided in the Decision No 626/2008/EC and national legislation The extension shall only benefit incumbent rights holders and ensure the continuity of their services. During the period of extension, the rights of use should neither be transferred nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period of the extension of an existing licence, spectrum sharing should allow experiments and trials by new users on a non-protection, non-interference basis. Such experimental activities would generate valuable technical and operational knowledge about emerging technologies, spectrum coexistence, and compliance challenges and accelerate the full-scale deployment of innovative services, |
| 15 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI: http://data.europa.eu/eli/dec/2009/449/oj | 15 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI: http://data.europa.eu/eli/dec/2009/449/oj |
| Text proposed by the Commission | Amendment |
|---|---|
| (41a) In order to ensure that applications are assessed taking into account the specific characteristics of the mobile-satellite services sector, the Commission should be assisted by external experts with relevant technical, regulatory, economic and commercial expertise in satellite communications, including knowledge and experience of the deployment and operation of satellite systems and of the business and commercial aspects of the sector. Those experts should be selected in a transparent manner and demonstrate a high level of independence and impartiality. They should have no financial, professional or other interests that could conflict, or reasonably be perceived to conflict, with the proper and impartial performance of their duties, and should be required to declare any relevant interests. |
| Text proposed by the Commission | Amendment |
|---|---|
| (41a) In order to ensure that satellite Direct-to-Device connectivity develops as a mass-market service and not merely as a niche satellite service, the selection procedure should allow participation by European joint ventures of providers of public mobile electronic communications networks. Such joint ventures should be able to combine the capabilities of mobile network operators with satellite capacity provided by one or more space-segment providers. The joint venture should remain responsible for compliance and retain effective control over spectrum use, security and customer-data processing |
| Text proposed by the Commission | Amendment |
|---|---|
| -1. This Regulation establishes rules for: | |
| (a) Union-wide harmonisation, reorganisation and clearing of all mobile satellite service frequency bands by end of 2035; | |
| (b) the competitive assignment and authorisation of operators of mobile satellite service (MSS) systems using the harmonised 2 GHz frequency band (1 980 to 2 010 MHz and 2 170 to 2 200 MHz); | |
| (c) access obligations imposed on authorised MSS operators and other measures to support the Union’s competitiveness, innovation, resilience, technological sovereignty and economic security for the provision of mobile satellite networks and services, in particular aimed at small and medium-sized enterprises (SMEs). |
Seeing the urgency for our sovereignty to manage all MSS bands at EU level and for coherence and efficiency purposes, we would like to expand this regulation to all MSS bands.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. This Regulation establishes a comparative Union procedure in support of the internal market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite services (MSS) band and for authorising those holders to use that spectrum for the provision of MSS systems or hybrid systems under common conditions in the entire Union. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. This Regulation establishes a comparative Union procedure in support of the internal market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite services (MSS) band and for authorising those holders to use that spectrum for the provision of MSS systems or hybrid systems under common conditions in the entire Union. | 1. This Regulation establishes a Union procedure in support of the internal market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite services (MSS) band and for authorising those holders to use that spectrum for the provision of MSS systems or hybrid systems under common conditions in the entire Union. |
Adapts the scope to accommodate both commercial comparative selection and governmental procurement under IRIS², while retaining the Regulation’s internal-market objective and common authorisation conditions.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. This Regulation establishes a comparative Union procedure in support of the internal market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite services (MSS) band and for authorising those holders to use that spectrum for the provision of MSS systems or hybrid systems under common conditions in the entire Union. | 1. This Regulation establishes a Union procedure in support of the internal market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite services (MSS) band and for authorising those holders to use that spectrum for the provision of MSS systems or hybrid systems under common conditions in the entire Union. |
The Regulation provides for two distinct mechanisms: a comparative selection procedure for commercial mobile satellite services (MSS) and a specific arrangement for secure governmental communications. The amendment clarifies this distinction, taking into account the different purposes and characteristics of the two areas of use.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The comparative Union procedure contributes to the Union’s security and preparedness by selecting and authorising one holder of the right to use a portion of the 2 GHz MSS band for the provision of a secure MSS/hybrid system that enables long-term ubiquitous availability within the Union’s territory of, and worldwide uninterrupted access to, secure, resilient, high-quality, and cost-effective governmental communication services to authorised governmental users. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The comparative Union procedure contributes to the Union’s security and preparedness by selecting and authorising one holder of the right to use a portion of the 2 GHz MSS band for the provision of a secure MSS/hybrid system that enables long-term ubiquitous availability within the Union’s territory of, and worldwide uninterrupted access to, secure, resilient, high-quality, and cost-effective governmental communication services to authorised governmental users. | 2. This Regulation contributes to the Union’s security and preparedness by setting out rules on the use of a portion of the 2 GHz MSS band for the provision and long-term ubiquitous availability within the Union’s territory of, and worldwide uninterrupted access to, secure, resilient, high-quality, and cost-effective governmental communication services to authorised governmental users. |
Secure governmental communications have distinct characteristics and objectives compared with commercial services. The Regulation should therefore provide for specific rules governing the governmental use of the portion of the band reserved for that purpose, taking into account the relevant security, continuity and public-interest requirements.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The comparative Union procedure contributes to the Union’s security and preparedness by selecting and authorising one holder of the right to use a portion of the 2 GHz MSS band for the provision of a secure MSS/hybrid system that enables long-term ubiquitous availability within the Union’s territory of, and worldwide uninterrupted access to, secure, resilient, high-quality, and cost-effective governmental communication services to authorised governmental users. | 2. This Regulation contributes to the Union’s security and preparedness by setting out rules on the use of a portion of the 2 GHz MSS band for the provision of secure governmental communications services, ensuring their long-term ubiquitous availability within the Union’s territory and worldwide uninterrupted access to secure, resilient, high-quality and cost-effective governmental communication services for authorised governmental users. |
Defines the governmental objective by reference to the use of the reserved spectrum and the services required, ensuring consistency with the IRIS² programme.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. This Regulation also supports the Union’s competitiveness, resilience, technological sovereignty and economic security for the provision of mobile satellite networks and services by selecting and authorising one or more Union new entrants for a right to use a dedicated portion of the 2 GHz MSS band. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. This Regulation also supports the Union’s competitiveness, resilience, technological sovereignty and economic security for the provision of mobile satellite networks and services by selecting and authorising one or more Union new entrants for a right to use a dedicated portion of the 2 GHz MSS band. | 3. This Regulation also supports the Union’s competitiveness, resilience, technological sovereignty and economic security for the provision of mobile satellite networks and services by selecting and authorising, through the national competent authorities, one or more Union new entrants for a right to use a dedicated portion of the 2 GHz MSS band. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. This Regulation is without prejudice to the licensing of satellite spectrum in general. |
The MSS 2GHz Regulation should not predetermine the outcome of the DNA negotiations, where future handling of satellite spectrum licensing are part of.
| Text proposed by the Commission | Amendment |
|---|---|
| (2) ‘ground station’ means stationary terrestrial equipment, which is capable of being used either only for transmission (‘transmit-only’), or for transmission and reception (‘transmit-receive’), or only for reception (‘receive-only’), of radiocommunication signals by means of satellites or other space stations and which originates and/or terminates traffic (e.g. for backhaul) for the communication with space stations; | (2) ‘ground station’ means terrestrial equipment, which is capable of being used either only for transmission (‘transmit-only’), or for transmission and reception (‘transmit-receive’), or only for reception (‘receive-only’), of radiocommunication signals by means of satellites or other space stations and which originates and/or terminates traffic (e.g. for backhaul) for the communication with space stations; |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) ‘secure governmental communications services’ means mobile satellite services which are provided to government-authorised users, by providers which fulfil appropriate security and resilience requirements, and which include one or several of the following applications: surveillance, crisis management, law enforcement, connection and protection of key infrastructures, public safety, civil protection/emergency response, state security and defence; | (10) ‘secure governmental communications services’ means mobile satellite services using MSS frequency bands, which are provided to government-authorised users, by a system which fulfil appropriate security and resilience requirements and eligibility conditions, and which may serve one or several of the following applications: surveillance, crisis management, law enforcement, connection and protection of key infrastructures, public safety, civil protection/emergency response, state security and defence; |
The definition should not be tied to a specific operator model or technological configuration. This allows for a service-based approach, ensuring greater flexibility and technological neutrality with regard to the different solutions that may be used for secure governmental communications.
| Text proposed by the Commission | Amendment |
|---|---|
| (11) ‘dedicated governmental network layer’ means a circumscribed layer of the MSS/hybrid system, which is operated by the selected operator under the control of the Union in accordance with this Regulation and the call for applications. The determination of its main characteristics, supervision of its exploitation and determination of its users is to be done having regard to the principles and technical characteristics set out in Regulation (EU) 2023/588. This network provides a subset of secure governmental communications services to a limited category of governmental users with enhanced security requirements, for the sole use of the Union, its Member States or Union authorities or Member States authorities; | deleted |
The architecture of the component dedicated to secure governmental communications and the related security arrangements should be defined within the framework established by Regulation (EU) 2023/588 and the relevant procurement procedure. This ensures consistency with the Union framework applicable to secure governmental communications, while avoiding the predetermination of specific architectural or operational solutions in this Regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| (11) ‘dedicated governmental network layer’ means a circumscribed layer of the MSS/hybrid system, which is operated by the selected operator under the control of the Union in accordance with this Regulation and the call for applications. The determination of its main characteristics, supervision of its exploitation and determination of its users is to be done having regard to the principles and technical characteristics set out in Regulation (EU) 2023/588. This network provides a subset of secure governmental communications services to a limited category of governmental users with enhanced security requirements, for the sole use of the Union, its Member States or Union authorities or Member States authorities; | (11) ‘dedicated governmental network layer’ means a dedicated part of the infrastructure procured pursuant to Article 6(3), operated by the selected provider or providers under the control of the Union in accordance with this Regulation and Regulation (EU) 2023/588. The determination of its main characteristics, supervision of its exploitation and determination of its users is to be done having regard to the principles and technical characteristics set out in Regulation (EU) 2023/588. This network provides a subset of secure governmental communications services to a limited category of governmental users with enhanced security requirements, for the sole use of the Union, its Member States or Union authorities or Member States authorities; |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more natural persons who have the nationality only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band; | deleted |
The use of the portion of the band dedicated to secure governmental communications should be governed within the framework of the Union Secure Connectivity Programme. A separately selected secure MSS/hybrid system is therefore not necessary, ensuring consistency with the existing framework for the provision of secure governmental communication services.
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more natural persons who have the nationality only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band; | (12) ‘2 GHz MSS band for the provision of secure governmental communications services’ means the portion of the 2 GHz MSS band reserved pursuant to Article 4(1a); |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more natural persons who have the nationality only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band; | (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more natural persons who have the nationality and residency only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band and to enable commercial communication services; |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more natural persons who have the nationality only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band; | (12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled either by the EU or by one or more of its Member States or by one or more legal entities permanently based in the EU or by one or more natural persons who have the nationality only of Member States, which is intended to primarily provide secure governmental communications services in the 2 GHz MSS band; |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) ‘Union new entrant’ means an undertaking which fulfils the admissibility requirements set out in Article 9 of this Regulation. | (18) ‘Union new entrant’ means an undertaking which fulfils the admissibility requirements set out in Article 9 of this Regulation and has not previously held rights of use for spectrum pursuant to Decision No 626/2008/EC and Commission Decision 2009/449/EC;. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) ‘pan-European authorisation’ means the authorisation granted by the national competent authority of each Member State to an applicant selected in accordance with Chapter II, on the basis of and in strict conformity with the harmonised requirements and conditions laid down in this Regulation and in the selection decision adopted by the Commission, which confers on its holder the same rights and obligations in each Member State. |
The concept of a “pan-European authorisation” preserves the full harmonisation at Union level of the substantive requirements and applicable conditions, while retaining the formal power of the competent national authorities to grant authorisations. This approach ensures a uniform framework across the Union and incorporates the necessary operational safeguards provided for in Article 13(3a) and (3b). An autonomous definition also ensures clarity and terminological consistency throughout the Regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) 'Union added value' means the value resulting from Union action that is additional to the value that would have been otherwise created by Member States alone. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20b) physical infrastructure’ means any element of a network that is intended to host other elements of a network such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings including their rooftops and parts of their facades or entries to buildings, and any other asset, including DAS (Distributed Antenna System), repeater as well as street furniture such as light poles, street signs, traffic lights, billboards and toll frames, as well as bus and tramway stops and metro and railway stations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. | 1. For the sole purpose of technical frequency coordination in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission may, in close cooperation with and subject to the prior agreement of the Member State or Member States directly affected, facilitate arrangements with neighbouring third countries. Such arrangements shall be without prejudice to the competences of Member States in relation to national security and spectrum management, to their territorial sovereignty, sovereign rights and jurisdiction, and to their respective positions concerning disputed territories. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. | 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall, in cooperation with the RSPG and competent national authorities, have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. |
The framework should preserve the practical expertise of national competent authorities, which are closest to real-world interference, market and network issues. The Regulation should also clearly define the respective roles of the Commission, Member States, national authorities, COCOM, RSPG, ESA.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. | 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall, in cooperation with the RSPG and competent national authorities, have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. | 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall, after consulting RSPG, have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the 2 GHz MSS band and international coordination. | 1. For the purpose of coordination of the use of the frequencies, in the immediate geographic neighbourhood of the Union, including the Arctic region, the Commission shall have the power to make the necessary arrangements to cooperate with countries neighbouring the Union and to facilitate consistency/alignment in the authorisation of the MSS band and international coordination. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, assisted by the RSPG shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the 2 GHz MSS band at global level. | 2. The Commission, assisted by the RSPG and competent national authorities shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the 2 GHz MSS band at global level. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, assisted by the RSPG shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the 2 GHz MSS band at global level. | 2. The Commission, assisted by the RSPG and competent national authorities, shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the 2 GHz MSS band at global level. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission, assisted by the RSPG shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the 2 GHz MSS band at global level. | 2. The Commission, assisted by the RSPG shall promote cooperation with competent authorities of third countries, with the view to maximising the efficient use of the MSS band at global level. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, assisted by the Communications Committee referred to in Article 22(1), shall organize and carry out a comparative selection procedure, for granting, upon application, rights of use of radio spectrum for six paired blocks of 5 MHz in the 2 GHz MSS band as follows: | The Commission, assisted by the Communications Committee referred to in Article 22(1), shall organize and carry out a an open, transparent, non-discriminatory and competitive spectrum auction for granting, upon application, rights of use of radio spectrum for six paired blocks of 5 MHz in the 2 GHz MSS band as follows: |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, assisted by the Communications Committee referred to in Article 22(1), shall organize and carry out a comparative selection procedure, for granting, upon application, rights of use of radio spectrum for six paired blocks of 5 MHz in the 2 GHz MSS band as follows: | The Commission, assisted by the Communications Committee referred to in Article 22(1), shall organize and carry out a comparative selection procedure, for granting, upon application, rights of use of radio spectrum for four paired blocks of 5 MHz in the 2 GHz MSS band as follows: |
Adjusts the number of blocks subject to comparative selection to reflect the separate governmental reservation, preventing overlap between the two allocation procedures.
| Text proposed by the Commission | Amendment |
|---|---|
| (-a) Where, following a selection procedure, one or both of the paired blocks referred to in paragraph 1, first subparagraph, point (b), have not been assigned, the Commission shall, within 12 months, relaunch the selection procedure for those blocks under that point. Only where a second selection procedure under that point has not resulted in an assignment may the Commission make the unassigned spectrum available under paragraph 1, first subparagraph, point (c). Pending assignment, Article 20(3) shall apply. |
Without a safeguard, the reservation for Union new entrants would default to the open commercial tranche at the first unsuccessful procedure, defeating the diversification objective of Recital 16 and Article 1(3). The amendment mirrors the logic the proposal already applies to the secure tranche in Article 7(3) and Article 8(3), where the Commission may relaunch the procedure rather than reassign the spectrum, while avoiding indefinite idleness through the temporary-use mechanism proposed in Article 20(3).
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a right to use two contiguous paired blocks of 5 MHz primarily for the provision of the secure MSS/hybrid system, | deleted |
Removes the governmental portion from the commercial comparative selection framework, consistently with its reservation and the dedicated procurement procedure under Article 6.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a right to use two contiguous paired blocks of 5 MHz primarily for the provision of the secure MSS/hybrid system, | (a) two contiguous paired blocks of 5 MHz shall be assigned for governmental use and reserved for the provision of secure governmental communications services, |
The two paired 5 MHz blocks intended for secure governmental communications serve specific public-interest and security objectives and should therefore be distinguished from the spectrum assigned through the comparative selection procedure for commercial MSS systems. This allows for dedicated arrangements for the governmental use of the relevant portion of the band, reflecting its specific purpose.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by a Union new entrant, | (b) a one or multiple rights to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by a Union new entrant with a maximum of 2 x 10 MHz granted under this procedure, |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by a Union new entrant, | (b) rights to use, in total, two paired blocks of 5 MHz, assigned as paired blocks of 5 MHz or as portions of a shared paired block of 5 MHz to one or more Union new entrants, for the provision of commercial MSS systems; |
Recital 16 states that Union new entrants "should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS". The enacting terms do not reflect this: Article 4(1), points (b) and (c), each refer to "a paired block of 5 MHz or multiples thereof" without quantifying either tranche, and Article 12(2) ranks applicants against "the amount of spectrum available for commercial MSS systems under Article 4(1), points (b) and (c)" taken together. A recital cannot bind the call for applications. The amendment quantifies the spectrum of each tranche while making clear that it may be assigned to one or more undertakings, as paired blocks or as portions of a shared block, so that the quantification does not imply a single holder per tranche. It changes neither the total amount of spectrum available for commercial MSS nor the cap per applicant in Article 4(3), and it gives legal certainty to the allocation announced by the Commission and to the objective stated in Article 1(3).
| Text proposed by the Commission | Amendment |
|---|---|
| (c) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by an applicant from a Member State or a third country. | (c) a one or multiple rights to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by an applicant from a Member State or a third country with a maximum of 2 x 10 MHz granted under this procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a shared paired block of 5 MHz, for the provision of a commercial MSS system by an applicant from a Member State or a third country. | (c) rights to use, in total, two paired blocks of 5 MHz, assigned as paired blocks of 5 MHz or as portions of a shared paired block of 5 MHz to one or more applicants from a Member State or a third country, for the provision of commercial MSS systems. |
Recital 16 states that Union new entrants "should be prioritised to obtain two of the four paired blocks of 5 MHz available for the provision of commercial MSS". The enacting terms do not reflect this: Article 4(1), points (b) and (c), each refer to "a paired block of 5 MHz or multiples thereof" without quantifying either tranche, and Article 12(2) ranks applicants against "the amount of spectrum available for commercial MSS systems under Article 4(1), points (b) and (c)" taken together. A recital cannot bind the call for applications. The amendment quantifies the spectrum of each tranche while making clear that it may be assigned to one or more undertakings, as paired blocks or as portions of a shared block, so that the quantification does not imply a single holder per tranche. It changes neither the total amount of spectrum available for commercial MSS nor the cap per applicant in Article 4(3), and it gives legal certainty to the allocation announced by the Commission and to the objective stated in Article 1(3).
| Text proposed by the Commission | Amendment |
|---|---|
| If any of the paired blocks referred to in paragraph 1, first subparagraph, point (b), remain unassigned upon completion of the selection procedure, the Commission shall launch a new selection procedure for the block or blocks concerned no later than 12 months thereafter. The spectrum concerned may be made available for the purposes referred to in paragraph 1, first subparagraph, point (c), only if no assignment is made following that new procedure. Until an assignment is made, the arrangements provided for in Article 20(3) shall apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Two contiguous paired blocks of 5 MHz shall be assigned for governmental use and reserved for the provision of secure governmental communications services under Regulation (EU) 2023/588. This portion of the band shall be excluded from the comparative selection procedure and shall be subject to Articles 6 and 13a. |
Establishes the governmental reservation in the legislative text and identifies the applicable selection and authorisation rules, providing legal certainty for all potential users of the band.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Applicants shall be given a fair and non-discriminatory opportunity to participate in the selection procedure. The procedure shall be open for single undertakings and for joint ventures, even if they do not perform on a lasting basis all the functions of an autonomous economic entity, irrespective of their public or private ownership. | 2. Applicants shall be given a fair and non-discriminatory opportunity to participate in the selection procedure. The procedure shall be open for single undertakings and for joint ventures, or consortium involving terrestrial mobile network operators and satellite operators, even if they do not perform on a lasting basis all the functions of an autonomous economic entity, irrespective of their public or private ownership. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. An applicant for the right of use for the provision of the secure MSS/hybrid system may additionally apply for rights of use for the provision of a commercial MSS system under the conditions specified in paragraph 3, second subparagraph. | deleted |
The portion of spectrum intended for secure governmental communications is subject to specific arrangements, distinct from the assignment procedure under Article 4 for commercial MSS systems. Its use should therefore remain separate from commercial rights of use granted under the same application procedure.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. An applicant for the right of use for the provision of the secure MSS/hybrid system may additionally apply for rights of use for the provision of a commercial MSS system under the conditions specified in paragraph 3, second subparagraph. | 4. An economic operator participating in the procurement procedure referred to in Article 6(3), or a provider selected pursuant to Article 6, may also apply for rights of use for commercial MSS systems under the conditions laid down in paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The call for applications and all decisions made by the Commission throughout the phases of the comparative selection procedure as well as the final selection of applicants shall be published in the Official Journal of the European Union. The Commission shall seek advice and assistance from a panel of external experts, for the analysis and/or evaluation of applications. Such external experts shall be selected on the basis of their expertise and high level of independence and impartiality. | 5. The call for applications and all decisions made by the Commission throughout the phases of the comparative selection procedure as well as the final selection of applicants shall be published in the Official Journal of the European Union. The Commission shall seek advice and assistance from a panel of external experts, for the analysis and/or evaluation of applications. Such external experts shall have relevant expertise in the satellite communications sector and shall be selected on the basis of their expertise high level of independence and impartiality, and absence of conflict of interest. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The call for applications and all decisions made by the Commission throughout the phases of the comparative selection procedure as well as the final selection of applicants shall be published in the Official Journal of the European Union. The Commission shall seek advice and assistance from a panel of external experts, for the analysis and/or evaluation of applications. Such external experts shall be selected on the basis of their expertise and high level of independence and impartiality. | 5. The call for applications and all decisions made by the Commission throughout the phases of the comparative selection procedure as well as the final selection of applicants shall be published in the Official Journal of the European Union. The Commission shall seek advice and assistance from a panel of external experts, for the analysis and/or evaluation of applications. Such external experts shall be selected on the basis of their expertise and high level of independence and impartiality. The list of external experts should be publicly available. |
| Text proposed by the Commission | Amendment |
|---|---|
| Comparative selection procedure | Comparative selection procedure for commercial MSS systems |
The amendment clarifies that the comparative selection procedure applies exclusively to the portion of the band intended for commercial MSS, distinguishing it from the portion reserved for secure governmental communications.
| Text proposed by the Commission | Amendment |
|---|---|
| Comparative selection procedure | Competitive spectrum auction |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The comparative selection procedure shall comprise at most an admissibility phase, a first selection phase and a second selection phase. | 1. The competitive spectrum auction shall comprise at most an admissibility phase, a first selection phase and a second selection phase. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall, by way of implementing acts, issue a call for applications specifying inter alia/in particular the following: | The Commission shall, by way of delegated acts, issue a call for applications specifying the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the authorisation conditions, including the date of commencement of the continuous provision of MSS; | (c) the authorisation conditions, including the date of commencement of the continuous provision of MSS, which shall take into account the phased deployment of non-geostationary satellite constellations and may differ between the rights of use referred to in Article 4(1), first subparagraph, points (a), (b) and (c); |
The eligibility requirement of 95 % population and 90 % land area coverage in each Member State within five years (Article 11(1)(b)) and the efficient-use review after five years (Article 15(2)) both run from the date of commencement of the continuous provision of MSS. Recital 31 recognises that this date may be set in the call for applications. For LEO constellations, continuous provision is reached through phased build-out. The amendment makes explicit that the call must set a realistic commencement date reflecting that build-out, and allows differentiation between tranches, so that Union new entrants are not disadvantaged by a date calibrated to GEO or to incumbent systems.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the authorisation conditions, including the date of commencement of the continuous provision of MSS; | (c) the authorisation conditions, including the date of commencement of the continuous provision of MSS, taking into consideration the phased deployment of non-geostationary satellite constellations; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) payment of any financial contribution and annual fee; | (d) payment of any financial contribution and annual fee, which shall be established in a manner proportional to the amount of assigned radio spectrum, including in relation to an applicant applying for a portion of a paired block; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the conditions applicable to applications for portions of a shared paired block of 5 MHz referred to in Article 4(1), first subparagraph, points (b) and (c), including the minimum size of such portions, which shall not exceed 1 MHz paired, the technical and coordination conditions for the coexistence of holders of rights of use within the same paired block, and the pro rata application of the one-off financial contribution and of the annual fee. |
Article 4(1) contemplates "a portion of a shared paired block of 5 MHz" and Recital 7 states that "it should hence be possible for operators of IoT to bid for a smaller part of spectrum than a paired 5 MHz block", noting that such services "can make use of narrow spectrum blocks up to 1 MHz". The proposal does not, however, say how such applications are made, how holders coexist within a block or how contributions and fees are apportioned. The amendment requires the call for applications to set these rules, so that Recital 7 has operational effect and the diversification of suppliers sought by Recital 16 extends to European IoT operators.
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the rules for the use of a shared paired block of 5 MHz, including a channel plan for partitioning the block into dedicated channels of up to 1 MHz, the rules on inter-system coordination, and radio interference management |
| Text proposed by the Commission | Amendment |
|---|---|
| Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall adopt the call for applications referred to in paragraph 2 within 12 months of the date of entry into force of this Regulation. To that end, the Commission shall consult the public on the draft call for applications for a period of at least four weeks and seek the opinion of the Radio Spectrum Policy Group before its adoption. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Commission shall issue the call for applications referred to in paragraph 2 no later than [12] months after the entry into force of this Regulation. Before adopting the implementing act referred to in paragraph 2, the Commission shall publish the draft call for applications for public consultation for a period of at least six weeks and shall seek the opinion of the Radio Spectrum Policy Group. |
The incumbents' rights expire in May 2027 and may be extended by two years under Article 20(1). Any delay in the call for applications beyond that horizon would leave the band without authorised commercial users other than the incumbents. A statutory deadline gives investors and co-legislators certainty. Consultation on the draft call, including the weightings required by Article 5(2)(b), ensures transparency of the comparative procedure in line with Article 4(1), second subparagraph, which requires criteria "known in advance", and builds on the RSPG's role recognised in Recital 23 and Article 13(5).
| Text proposed by the Commission | Amendment |
|---|---|
| 4. In the admissibility phase, the Commission shall assess the admissibility of applicants based on the admissibility requirements set out in Articles 6, 9 and 10, as applicable, and on the completeness of their applications. The Commission may request applicants to supply additional information regarding the fulfilment of admissibility requirements within a specific time frame of between 5 and 20 working days upon notification. The application shall be deemed inadmissible if such information is not supplied within the specified time frame. The Commission shall inform applicants without delay on whether their applications are considered as admissible or not and publish a list of admissible applicants. | 4. In the admissibility phase, the Commission shall assess the admissibility of applicants based on the admissibility requirements set out in Articles 9 and 10, as applicable, and on the completeness of their applications. The Commission may request applicants to supply additional information regarding the fulfilment of admissibility requirements within a specific time frame of between 5 and 20 working days upon notification. The application shall be deemed inadmissible if such information is not supplied within the specified time frame. The Commission shall inform applicants without delay on whether their applications are considered as admissible or not and publish a list of admissible applicants. |
Removes references to the deleted governmental selection stages while preserving the existing admissibility, eligibility and selection requirements for commercial applicants.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. In the admissibility phase, the Commission shall assess the admissibility of applicants based on the admissibility requirements set out in Articles 6, 9 and 10, as applicable, and on the completeness of their applications. The Commission may request applicants to supply additional information regarding the fulfilment of admissibility requirements within a specific time frame of between 5 and 20 working days upon notification. The application shall be deemed inadmissible if such information is not supplied within the specified time frame. The Commission shall inform applicants without delay on whether their applications are considered as admissible or not and publish a list of admissible applicants. | 4. In the admissibility phase, the Commission shall assess the admissibility of applicants based on the admissibility requirements set out in Articles 9 and 10, as applicable, and on the completeness of their applications. The Commission may request applicants to supply additional information regarding the fulfilment of admissibility requirements within a specific time frame of between 5 and 20 working days upon notification. The application shall be deemed inadmissible if such information is not supplied within the specified time frame. The Commission shall inform applicants without delay on whether their applications are considered as admissible or not and publish a list of admissible applicants. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The first selection phase shall begin within 40 working days following the publication of the list of admissible applicants referred to in paragraph 4. The Commission shall assess whether admissible applicants fulfil the eligibility requirements laid down in Article 7(1) or Article 11(1), as applicable. The credibility and viability of applications shall be taken into account throughout the first selection phase. | 5. The first selection phase shall begin within 40 working days following the publication of the list of admissible applicants referred to in paragraph 4. The Commission shall assess whether admissible applicants fulfil the eligibility requirements laid down in Article 11(1). The credibility and viability of applications shall be taken into account throughout the first selection phase. |
Removes references to the deleted governmental selection stages while preserving the existing admissibility, eligibility and selection requirements for commercial applicants.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The first selection phase shall begin within 40 working days following the publication of the list of admissible applicants referred to in paragraph 4. The Commission shall assess whether admissible applicants fulfil the eligibility requirements laid down in Article 7(1) or Article 11(1), as applicable. The credibility and viability of applications shall be taken into account throughout the first selection phase. | 5. The first selection phase shall begin within 40 working days following the publication of the list of admissible applicants referred to in paragraph 4. The Commission shall assess whether admissible applicants fulfil the eligibility requirements laid down in Article 11(1), as applicable. The credibility and viability of applications shall be taken into account throughout the first selection phase. |
Consequential amendment following the removal of the competitive selection phases for secure governmental communications, which are subject to specific arrangements distinct from those applicable to commercial MSS systems.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. If the applicants are not selected in the first phase in accordance with Article 7(2) or Article 11(2), the Commission shall carry out the second selection phase and rank eligible applicants based on the selection criteria in Article 8(1) or Article 12(1), as applicable. | 6. If the applicants are not selected in the first phase in accordance with Article 11(2), the Commission shall carry out the second selection phase and rank eligible applicants based on the selection criteria in Article 12(1). |
Removes references to the deleted governmental selection stages while preserving the existing admissibility, eligibility and selection requirements for commercial applicants.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. If the applicants are not selected in the first phase in accordance with Article 7(2) or Article 11(2), the Commission shall carry out the second selection phase and rank eligible applicants based on the selection criteria in Article 8(1) or Article 12(1), as applicable. | 6. If the applicants are not selected in the first phase in accordance with Article 11(2), the Commission shall carry out the second selection phase and rank eligible applicants based on the selection criteria in Article 12(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt a delegated act to extend the admissibility requirements of Article 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation. |
The participation of third-country entities under this delegated act concerns the selection procedure applicable to commercial MSS. Security aspects relating to governmental communications are instead governed within the specific framework established under the Union Secure Connectivity Programme.
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries which are members of the European Economic Area or which are associated to the Union Secure Connectivity Programme established by Regulation (EU) 2023/588, on the basis of reciprocal access for Union undertakings to equivalent spectrum in those countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. |
Article 5(7) allows the Commission, by delegated act, to open both reserved tranches to applicants from "geographically neighbouring countries" without further qualification. This could dilute the reservation established in Article 4(1), points (a) and (b), and the diversification objective of Recital 16. The amendment limits the extension to countries already integrated in the Union's secure connectivity framework or in the EEA, and conditions it on reciprocity, while preserving the flexibility the Commission seeks for border-area coordination.
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt a delegated act to extend the admissibility requirements of Article 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information. |
Limits the delegated power to commercial admissibility requirements. Governmental participation remains governed by IRIS², while safeguards for classified and sensitive information are preserved.
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission shall adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. If the Commission decides to adopt a delegated act, it shall be before the first call for applications. |
This Article gives the Commission the opportunity to adopt a delegated act to extend the admissibility requirements to geographically neighbouring countries. To ensure that the first selection procedure happens after the adoption of the delegated act, this amendment is tabled.
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, when they would participate in association with operators fullfilling the criteria set in Article 6, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt, prior to the public consultation refered to in paragraph 2a, a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant Union added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission may adopt a delegated act to extend the admissibility requirements of Articles 6 and 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. | 7. The Commission may adopt a delegated act to extend the admissibility requirements of Article 9 to applicants from geographically neighbouring countries, in particular where participation of applicants from such countries would bring significant added value in terms of access to specific technologies, goods or services, or would facilitate coordination to the benefit of seamless coverage of border areas. The delegated act shall specify the conditions for participation and include measures to ensure the protection of EU classified information (EUCI) and non-classified sensitive information, as well as any limitations as to the access of applicants, including members of a joint venture, from third countries to the dedicated governmental network layer. |
Extending the admissibility requirements of Article 6 to applicants from geographically neighbouring countries would run counter to the objective of creating a secure and sovereign system for defence and secure communications. The possibility of a delegated act broadening participation in the secure MSS/hybrid system should therefore be removed.
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The Commission shall, by way of implementing acts, adopt a reasoned decisions on the non-admissibility or non-eligibility of an application, as relevant. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. The Commission shall provide for a simplified selection criteria for Union SMEs under Article 4 (1) c and specify the eligibility and selection criteria within the implementing act as provided for in Art 5 (2). |
| Text proposed by the Commission | Amendment |
|---|---|
| Admissibility phase for the secure MSS/hybrid system | Secure governmental communications services |
| Text proposed by the Commission | Amendment |
|---|---|
| Admissibility phase for the secure MSS/hybrid system | Secure governmental communications services |
The amendment provides for secure governmental communications to be governed within the specific framework established by Regulation (EU) 2023/588, ensuring consistency with regard to funding, procurement, security governance and service continuity. It also ensures equal treatment and fair competitive conditions in the relevant procedure, including for operators already involved in the Secure Connectivity Programme, by preventing prior involvement, access to information, or the availability of interfaces or infrastructure from resulting in an undue advantage, in line with Articles 19(9), 20 and 21 of Regulation (EU) 2023/588.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The following admissibility requirements shall apply to an applicant for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system: | 1. The portion of the 2 GHz MSS band for the provision of secure governmental communications services referred to in Article 4(1a) shall be reserved for secure governmental communications services under the Union Secure Connectivity Programme established by Regulation (EU) 2023/588. The rights of use of this spectrum portion shall be granted pursuant to Article 13a exclusively to the provider or providers selected through the dedicated procurement procedure referred to in paragraph 3. Participation in an existing contract or concession under Regulation (EU) 2023/588 shall not, in itself, confer an entitlement to those rights. |
Connects the spectrum reservation to the existing IRIS² governance and procurement framework. Rights are granted to duly selected providers, without automatically favouring an existing contractor.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The following admissibility requirements shall apply to an applicant for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system: | 1. The portion of the 2 GHz MSS band for secure governmental communications services referred to in Article 4(1a) shall be allocated to the Commission, representing the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) to be a legal entity, including a joint venture, established in a Member State with its executive management established in the Union; | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) to be a legal entity, including a joint venture, established in a Member State with its executive management established in the Union; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) to be a legal entity, including a joint venture, established in a Member State with its executive management established in the Union; | (a) to be a legal entity, including a joint venture, permanently established in a Member State with its executive management established in the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States, and not to be subject to control by a third country or by a third country national; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States, and not to be subject to control by a third country or by a third country national; | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States, and not to be subject to control by a third country or by a third country national; | (b) not to be directly or indirectly controlled by a third country or by natural persons who have the nationality only of a third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States, and not to be subject to control by a third country or by a third country national; | (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality and residency only of Member States, and not to be subject to control by a third country or by a third country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) not be subject to obligations under third country jurisdiction; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) not be subject to obligations under third country jurisdiction; | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) not be subject to obligations under third country jurisdiction; | (c) not be subject to obligations under third country jurisdiction in relation to the provision of the secure MSS/hybrid system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) not be subject to obligations under third country jurisdiction; | (c) not be subject to obligations under third country jurisdiction in relation to the provision of MSS in the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) commit to support and promote the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union; | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) commit to support and promote the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) to commit to carry out all relevant activities related to the operation of the secure MSS/hybrid system in one or more Member States; | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (e) to commit to carry out all relevant activities related to the operation of the secure MSS/hybrid system in one or more Member States; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) to commit to carry out all relevant activities related to the operation of the secure MSS/hybrid system in one or more Member States; | (e) to commit to carry out all relevant activities related to the operation of the secure MSS/hybrid system in at least three Member States ensuring a balanced geographical distribution across different parts of the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State and take all necessary measures to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State and take all necessary measures to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. | deleted |
Replaces the separate MSS admissibility test with the eligibility and participation requirements applicable under IRIS², avoiding parallel requirements with potentially different scope.
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State and take all necessary measures to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. | (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State or to provide evidence of the initiation of a filing procedure by a Member State or a commitment by a Member State to submit such a filing, whilst in all cases maintaining the obligation to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State and take all necessary measures to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. | (f) to have one or more appropriate International Telecommunication Union (ITU) filing(s) related to the 2 GHz MSS band from a Member State or to have a legally enforceable right to use such filing or filings, and take all necessary measures to ensure compliance of the secure MSS/hybrid system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where an applicant is a legal person in the form of joint venture, the requirements set out in paragraph 1, points (a) to (e), shall apply to each legal or natural person of the joint venture, while the requirement set out in paragraph 1, point (f), shall apply to at least one member of the joint venture. | 2. The objectives, forms of Union funding, financial rules and rules for implementation established in Regulation (EU) 2023/588 shall apply to the secure governmental communications services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where an applicant is a legal person in the form of joint venture, the requirements set out in paragraph 1, points (a) to (e), shall apply to each legal or natural person of the joint venture, while the requirement set out in paragraph 1, point (f), shall apply to at least one member of the joint venture. | 2. The objectives, forms of Union funding, financial rules and rules for implementation established in Regulation (EU) 2023/588 shall apply to the secure governmental communications services. |
Ensures consistency with IRIS² objectives and implementation rules. The reference applies the existing financial framework without itself creating additional appropriations.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where an applicant is a legal person in the form of joint venture, the requirements set out in paragraph 1, points (a) to (e), shall apply to each legal or natural person of the joint venture, while the requirement set out in paragraph 1, point (f), shall apply to at least one member of the joint venture. | 2. Where an applicant is a legal person in the form of joint venture, the requirements set out in paragraph 1, points (a) to (d), shall apply to each legal or natural person of the joint venture, while the requirement set out in paragraph 1, point (e) and (f), shall apply to at least one member of the joint venture. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. By way of derogation from paragraph 1, point b of this Article, a legal entity established in the Union and controlled by a third country or by a third-country entity shall be eligible if guarantees approved in accordance with the national procedures of a Member State in which it is established, such as adequate measures pursuant to screening, as defined in Article 2, point (3), of Regulation (EU) 2019/452 of the European Parliament and of the Council (39), are made available to the Commission. | |
| The guarantees referred to in the first subparagraph of this paragraph shall provide assurances that the legal entity as referred to in that subparagraph would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, including respect for the principle of good neighbourly relations, or the objectives set out in Article 4 of this Regulation. Those guarantees shall in particular substantiate that measures are in place to ensure that: | |
| (a) control over the legal entity is not exercised in a manner that restrains or restricts its ability to carry out the all the relevant activities to the operation of the secure MSS/hybrid system, that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or know-how needed for the purposes of the activities, or that undermines its capabilities and standards necessary to carry out the activities; | |
| (b) access by a third country or by a non-associated third-country entity to classified or sensitive information relating to the activities is prevented and the employees or other persons involved in the activities have national security clearance issued by a Member State, where appropriate, in accordance with national laws and regulations; | |
| If considered to be appropriate by the Member State in which the legal entity is established, additional guarantees may be provided. | |
| The Commission shall inform the committee referred to in Article 22 if any legal entity is considered eligible in accordance with this paragraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where an applicant for a secure MSS/hybrid system also applies for a commercial MSS system, Articles 9, 11 and 12 shall apply for that part. | 3. The design, development, deployment and operation of infrastructure and assets necessary for the provision of secure governmental communications services shall be subject to a dedicated procurement procedure in accordance with Article 19 of Regulation (EU) 2023/588. That procedure shall be fair, open and competitive and shall ensure transparency, proportionality, equal treatment, a level playing field and non-discrimination between all potential suppliers, in accordance with the principles referred to in Article 20 of Regulation (EU) 2023/588. The eligibility and participation conditions referred to in Article 22 of Regulation (EU) 2023/588 shall apply to that procedure in accordance with Article 24 of Regulation (EU) 2021/696 and shall be specified in the procurement documents. Any derogation shall comply with the conditions and procedures laid down in that Article and shall be duly justified. |
Provides a dedicated procurement route under Article 19 of Regulation (EU) 2023/588, preserving effective competition and the applicable Union procurement safeguards.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where an applicant for a secure MSS/hybrid system also applies for a commercial MSS system, Articles 9, 11 and 12 shall apply for that part. | 3. The design, development, deployment and operation of infrastructure and assets necessary for the provision of secure governmental communications services shall be subject to a dedicated procurement procedure in accordance with Article 19 of Regulation (EU) 2023/588. That procedure shall be fair, open and competitive and shall ensure transparency, proportionality, equal treatment, a level playing field and non-discrimination between all potential suppliers, in accordance with the principles referred to in Article 20 of Regulation (EU) 2023/588. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Applicants shall specify the amount they commit to pay as one-off financial contribution for the right of use of a paired block of 5 MHz in the 2 GHz MSS band, which shall be equal to or higher than the minimum amount specified in the call for applications. | 4. The procurement procedure referred to in paragraph 3 shall include adequate safeguards to ensure that prior or ongoing participation of an economic operator in the implementation of Regulation (EU) 2023/588, or access to information, interfaces, infrastructure or assets resulting therefrom, does not confer an undue competitive advantage. Such safeguards shall include, where appropriate, measures ensuring equal access to relevant information and interfaces, subject to security and intellectual property requirements, prevention of conflicts of interest, appropriate accounting or structural separation and any other measure necessary to preserve effective competition and a level playing field, in accordance with Articles 19(9) and 20 of Regulation (EU) 2023/588. |
Makes safeguards against information advantages, conflicts of interest and preferential treatment explicit, drawing on the competition safeguards already established under IRIS².
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Applicants shall specify the amount they commit to pay as one-off financial contribution for the right of use of a paired block of 5 MHz in the 2 GHz MSS band, which shall be equal to or higher than the minimum amount specified in the call for applications. | 4. The procurement procedure referred to in paragraph 3 shall include adequate safeguards to ensure that prior or ongoing participation of an economic operator in the implementation of Regulation (EU) 2023/588, or access to information, interfaces, infrastructure or assets resulting therefrom, does not confer an undue competitive advantage. Such safeguards shall include, where appropriate, measures ensuring equal access to relevant information and interfaces, prevention of conflicts of interest, appropriate functional or accounting separation and any other measure necessary to preserve effective competition and a level playing field, in accordance with Articles 19(9), 20 and 21 of Regulation (EU) 2023/588. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Applicants shall specify the amount they commit to pay as one-off financial contribution for the right of use of a paired block of 5 MHz in the 2 GHz MSS band, which shall be equal to or higher than the minimum amount specified in the call for applications. | 4. Applicants shall specify the amount they commit to pay as one-off financial contribution for the right of use of a paired block of 5 MHz in the 2 GHz MSS band, which shall be equal to or higher than the minimum amount specified in the call for applications. When determining the minimum amount of the one-off financial contribution, the higher security requirements and the additional investments necessary to meet the conditions referred to in Articles 7 and 14 shall be taken into account, and the minimum amount may be set at zero. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. The secure governmental communications services shall provide capacity for back-up and complementary coverage as well as for Direct-to-Device connectivity of the European Critical Communication Systems established by Regulation (EU) [XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Removes governmental selection stages superseded by the dedicated IRIS² procurement procedure. Competitive selection remains required under that framework.
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Eligibility requirements for a separately selected secure-system operator are not necessary under the proposed framework for secure governmental communications. The relevant security, eligibility and supply-chain requirements should instead be defined within the Union Secure Connectivity Programme and the relevant procurement procedure, in accordance with Regulation (EU) 2023/588.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The following eligibility requirements shall apply to applicants for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system: | deleted |
| (a) to show satisfactory compliance with pre-requisites 1 to 4 as set out in the Annex; | |
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | |
| (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, within the Union territory; | |
| (d) to demonstrate technical and financial capacity, and readiness for the development, launching and operation of the proposed secure MSS/hybrid system and provision of services by the date of commencement of the continuous provision of MSS; | |
| (e) to ensure a high level of security of the supply chain at least for the key components of the secure MSS/hybrid system, which guarantees a reliable provision of secure governmental communications services; | |
| (f) to ensure that at least the key components of the secure MSS/hybrid system, as specified in the call for applications, are manufactured in the EU and integrate Union technologies; | |
| (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; | |
| (h) to commit to provide the capacity for back-up and complementary coverage as well as for Direct-to-Device connectivity of the European Critical Communication Systems established by Regulation (EU) [XXX] of the European Parliament and of the Council establishing the European Critical Communication Systems; | |
| (i) to demonstrate security of operation, including by ensuring that for all data generated and routed in the Union territory there will be no possibility for third party intervention in the provision of secure governmental communication services; | |
| (j) to demonstrate that EU classified information (EUCI) and non-classified sensitive information relating to the provision of secure governmental communication services are effectively protected from unauthorised access. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) to show satisfactory compliance with pre-requisites 1 to 4 as set out in the Annex; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | (b) to commit to provide availability of secure governmental satellite services in all Member States and to 100% of the population and 100% of the aggregate land area of each Member State, as well as the coverage necessary for Iris2 to operate at full capability north of 72° N, no later than five years from the date of commencement of the continuous provision of MSS; |
The amendment is proposed in order to ensure full coverage of the population and the aggregate land area of each Member State, including remote areas, such that mobile satellite services are effectively available to end-users across the Union. It is crucial to ensure that Iris2 services extend to the Arctic and the High North, including areas that are not land areas and/or populated. These areas form part of the territories of States contributing to Iris2 and constitute a strategically important region for the Union. Iris2 services should therefore be guaranteed at an early stage. It is not sufficient to refer to "high-latitude polar areas" only in Articles 8 and 12, which relate to the second selection phase.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS, and to full coverage no later than ten years from that date; |
The amendment is proposed in order to promote full coverage, which is needed for a system used for crisis and security communication. It aligns with Recital 25a.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS, and to full coverage no later than ten years from that date; |
Mobile satellite services, including direct-to-device, are becoming integral to Europe’s connectivity. Given 20-year spectrum rights, coverage obligations should reflect the system’s long-term objective. Full Union coverage within ten years would ensure progressive rollout, including to rural, remote and outermost regions, while avoiding persistent gaps. A new recital (25a) would guide interpretation, with further detail set by the Commission under Article 5(2).
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS, and to full coverage no later than ten years from that date; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; | (b) to commit to provide availability of secure governmental satellite services in all Member States and to at least 95% of the population and over at least 90% of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS and to full coverage no later than ten years from that date; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, within the Union territory; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, within the Union territory; | (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, only within the Union territory; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, within the Union territory; | (c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, only within the Union territory; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) to prove that they have taken measures to prevent spectrum hoarding, and detail how they will meet the access obligations established under Article 12a. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) to demonstrate technical and financial capacity, and readiness for the development, launching and operation of the proposed secure MSS/hybrid system and provision of services by the date of commencement of the continuous provision of MSS; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) to ensure a high level of security of the supply chain at least for the key components of the secure MSS/hybrid system, which guarantees a reliable provision of secure governmental communications services; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) to ensure a high level of security of the supply chain at least for the key components of the secure MSS/hybrid system, which guarantees a reliable provision of secure governmental communications services; | (e) to ensure a high level of security of the supply chain, verifiable, down to firmware level, at least for the key components of the secure MSS/hybrid system, subject to audit upon request of the competent security accreditation authority, which guarantees a reliable provision of secure governmental communications services throughout the entire lifetime of the system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to ensure that at least the key components of the secure MSS/hybrid system, as specified in the call for applications, are manufactured in the EU and integrate Union technologies; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to ensure that at least the key components of the secure MSS/hybrid system, as specified in the call for applications, are manufactured in the EU and integrate Union technologies; | (f) to ensure that at least 40 % of the value of the key components of the secure MSS/hybrid system, as specified in the call for applications, are manufactured in the EU and integrate Union technologies; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; | (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; This requirement may also be fulfilled through a binding commitment to contribute complementary service capabilities to the IRIS² system, including a narrowband Internet of Things layer for the monitoring of critical infrastructure, including through the deployment of redundant ground control stations and network operation centres in at least two Member States, ensuring geographical diversification and resilience of the system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; | (g) to ensure integration with existing and future capacities of IRIS2 secure communications services, as set out in Regulation (EU) 2023/588, in particular through the setting of a dedicated governmental network layer with the highest degree of security, guaranteeing interconnection with IRIS2 ground infrastructure and technologies; to demonstrate that the integrity, security and resilience of services are ensured by the EU-accountable entities, including the capability to maintain service continuity during major disruptions affecting terrestrial communication networks; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) to commit to provide the capacity for back-up and complementary coverage as well as for Direct-to-Device connectivity of the European Critical Communication Systems established by Regulation (EU) [XXX] of the European Parliament and of the Council establishing the European Critical Communication Systems; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) to commit to provide the capacity for back-up and complementary coverage as well as for Direct-to-Device connectivity of the European Critical Communication Systems established by Regulation (EU) [XXX] of the European Parliament and of the Council establishing the European Critical Communication Systems; | (h) to commit to provide the capacity for back-up and complementary coverage as well as for Direct-to-Device connectivity of the European Critical Communication Systems established by Regulation (EU) [XXX] of the European Parliament and of the Council establishing the European Critical Communication Systems; while also supporting national public safety, civil protection and public warning capabilities, where applicable. |
The proposed addition clarifies that the secure MSS/hybrid system should not only support EUCCS but also complement Member States' national public safety and civil protection capabilities, including public warning where relevant. This strengthens operational resilience during major cross-border and national emergencies.
| Text proposed by the Commission | Amendment |
|---|---|
| (i) to demonstrate security of operation, including by ensuring that for all data generated and routed in the Union territory there will be no possibility for third party intervention in the provision of secure governmental communication services; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) to demonstrate security of operation, including by ensuring that for all data generated and routed in the Union territory there will be no possibility for third party intervention in the provision of secure governmental communication services; | (i) to demonstrate, in a verifiable manner, subject to audit upon request of the competent security accreditation authority, security of operation, including by ensuring that for all data generated and routed in the Union territory there will be no possibility for third party intervention in the provision of secure governmental communication services; |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) to demonstrate that EU classified information (EUCI) and non-classified sensitive information relating to the provision of secure governmental communication services are effectively protected from unauthorised access. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) to demonstrate, including through tests specified in the call for applications, the operational resilience of the secure MSS/hybrid system to intentional interference, including jamming and spoofing of radio signals, and the ability to maintain the provision of secure governmental communications services under conditions of limited availability or degradation of global navigation satellite systems (GNSS). |
| Text proposed by the Commission | Amendment |
|---|---|
| (ja) to ensure resilience against jamming and independence from GNSS, including anti-jam measures and an independent time synchronisation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (jb) to ensure a back-up ground segment under the same conditions, with a clearly identified national access point; |
| Text proposed by the Commission | Amendment |
|---|---|
| (jc) to comit to provide arrangements for clear hierarchy of priority access for emergency and crisis communications, and to ensure that the operational activities/operations of a Member State is not accessible to unlawful interception. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The selection procedure shall be deemed complete after the first selection phase, if only one admissible applicant is considered eligible. The Commission shall, by means of implementing acts, adopt a reasoned decision on selecting that applicant for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission may decide not to assign the portion of the 2 GHz MSS band referred to in Article 4(1) point (a) where it concludes that, despite fulfilling the admissibility and eligibility requirements, none of the applicants has convincingly demonstrated a high-level of capability for the deployment and operation of a secure MSS/hybrid system. In such a case, the Commission may relaunch the selection procedure for the secure MSS/hybrid system. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Removes governmental selection stages superseded by the dedicated IRIS² procurement procedure. Competitive selection remains required under that framework.
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
The second selection phase foreseen for the secure MSS/hybrid system is not necessary where the portion of the band intended for secure governmental communications is reserved and governed within the specific framework of the Union Secure Connectivity Programme. The amendment therefore ensures consistency with the dedicated arrangements applicable to the governmental use of the relevant portion of spectrum.
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall rank eligible applicants for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighing: | 1. The Commission shall rank eligible applicants for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighting, except for the weighting assigned to the criterion referred to in point (l) which shall not exceed 5% of the total weighting of the selection criteria: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) population and geographic coverage in the Union within ten years from the date of commencement of the continuous provision of MSS, comprising the following sub-criteria: | deleted |
| (i) the degree of population coverage in the Union, based on the population in residential or business areas, including high-latitude polar areas within the Union territory, which is within the service area of the system; | |
| (ii) the degree of geographical coverage in the Union, based on the aggregate land area and on the exclusive economic zones and territorial waters of all Member States, which is within the service area of the system; | |
| (iii) the degree of geographical coverage outside the Union, based on the service area of the system within territories of non-EU countries and high seas; |
| Text proposed by the Commission | Amendment |
|---|---|
| (iii) the degree of geographical coverage outside the Union, based on the service area of the system within territories of non-EU countries and high seas; | (iii) where relevant, additional geographical coverage outside the Union which contributes to resilience, international interoperability or governmental communication requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| (iiia) the extent to which the system ensures balanced territorial coverage, including coverage of areas of particular importance for the security and resilience of the Union, including regions along the Union’s external borders and areas with limited availability of terrestrial communications networks; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the schedule of availability of secure governmental communications services across all Member States within ten years from the date of commencement of the continuous provision of MSS. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the schedule of availability of secure governmental communications services across all Member States within ten years from the date of commencement of the continuous provision of MSS. | (b) the schedule of availability of secure governmental communications services across all Member States within ten years from the date of commencement of the continuous provision of MSS, taking into account the proposed sequencing of deployment across Member States and the early availability of services in areas of particular importance for the security and resilience of the Union, including regions along the Union’s external borders; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the extent to which the public policy objectives, integrity, security and resilience of the services, are achieved; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the extent to which the public policy objectives, integrity, security and resilience of the services, are achieved; | (c) the extent to which the public policy objectives, integrity, security and resilience of the services, are achieved taking into account the applicant’s or the members of the joint undertaking’s demonstrated experience in providing secure communications, cybersecurity or critical infrastructure protection services to public authorities of Member States and operators of critical infrastructure; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) the applicant’s sovereign control and accountability, in particular where the applicant is entrusted with tasks relating to national security, cybersecurity or the protection of critical infrastructure, including where the applicant is designated as a critical entity under Directive (EU) 2022/2557 or as an essential entity under Directive (EU) 2022/2555, and the arrangements proposed for providing services through the dedicated governmental network layer in cooperation with entities designated by Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the capacity of an MSS system to be integrated in a hybrid system, and to provide multiple orbit layers; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the capacity of an MSS system to be integrated in a hybrid system, and to provide multiple orbit layers; | (d) the capacity of an MSS system to be integrated in a hybrid system, and to provide multiple orbit layers;, including the availability of relevant terrestrial infrastructure located in the Union, such as access stations and transmission networks, enabling the integration of the space segment with terrestrial networks; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the quality, suitability and robustness of integration with IRIS2, as specified in the call for applications. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the extent to which the secure MSS/hybrid system enables dual-use provision of secure governmental and commercial communications services; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) Union added value, in accordance with the following sub-criteria; | deleted |
| (i) the extent to which the secure MSS/hybrid system reinforces the Union’s industrial capabilities across the digital technology supply chain, inter alia in terms of design, construction, launch and operation of the satellites, including the software; | |
| (ii) the level of integration of Union technologies, including the use of results stemming from Union funded research and innovation programs. |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the extent to which the secure MSS/hybrid system reinforces the Union’s industrial capabilities across the digital technology supply chain, inter alia in terms of design, construction, launch and operation of the satellites, including the software; | (i) the extent to which the secure MSS/hybrid system reinforces the Union’s industrial capabilities across the entire digital technology supply chain, including through the development of trans-European industrial cooperation and geographically diversified participation of undertakings from different Member States, inter alia in terms of design, construction, launch and operation of the satellites, including the software |
| Text proposed by the Commission | Amendment |
|---|---|
| (iia) the extent to which the secure MSS/hybrid system contributes to the development of industrial and technological capabilities in Member States with emerging or underrepresented capabilities in the satellite sector, thereby contributing to the geographical diversification of the Union’s supply chain; |
| Text proposed by the Commission | Amendment |
|---|---|
| (iib) the extent to which the secure MSS/hybrid system supports the development and deployment of narrowband Internet of Things (NB-IoT) services, in particular where such services contribute to strengthening the resilience, monitoring and protection of critical infrastructure and support the development of the Union’s digital economy; |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the scope of secure governmental communications services, including a deployment path towards the provision of Direct-to-Device services; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the scope of secure governmental communications services, including a deployment path towards the provision of Direct-to-Device services; | (h) the scope of secure governmental connectivity services, including a deployment path towards the provision of Direct-to-Device services; and NB-IoT services, in particular for strengthening the resilience and protection of critical infrastructure; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the discount offered for services to governmental users compared to commercial users (discount rate). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the discount offered for services to governmental users compared to commercial users (discount rate). | (i) the reduction in the price of equivalent services offered to governmental users compared to commercial users (discount rate). |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) the level of efficient use of spectrum; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (k) the level of implementation of quantum secure communications; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (l) the amount of the one-off financial contribution for a paired block of 5 MHz. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (la) the robustness of the applicant's strategy for the end-of-life management and de-orbiting of the space segment of the system, including debris mitigation measures and its contribution to the long-term sustainability of the orbital environment |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. When determining the weighting of the selection criteria referred to in paragraph 1, in accordance with Article 5(2), point (b), the Commission shall ensure that the weight attributed to the criterion set out in point (l) does not exceed 15 % of the total number of points that may be awarded under the second selection phase |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. The weighting attributed to the criterion referred to in paragraph 1, point (g), shall not be lower than 70 % of the total number of points that may be awarded under the second selection phase. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. After the second selection phase, the Commission shall, by way of implementing acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting the highest-ranking eligible applicant for the right of use of the 2 GHz MSS band for the secure MSS/hybrid system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission may decide not to assign the portion of the 2 GHz MSS band referred to in Article 4(1), point (a), where it concludes that, despite fulfilling the admissibility and eligibility requirements, and the selection criteria, none of the applicants has convincingly demonstrated a high-level of capability for the deployment and operation of a secure MSS/hybrid system. In such a case, the Commission may relaunch the selection procedure for the secure MSS/hybrid system. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) to be a legal entity, including a joint venture , established in a Member State with its executive management established in the Union; | (a) to be a legal entity, including a joint venture, established in a Member State with its executive management established in the Union; or a consortium established in a Member State, or, in a State subject to a delegated act adopted pursuant to Article 5(7), that commits, by way of a binding agreement submitted with the application, to establish such a joint venture, before the date on which the Union authorisation is granted; |
To open the possibility for stakeholders to candidate as a consortium even before the JV is formally established as long as there is a legal commitment to do so once and if the MSS license is granted to such a consortium.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States; | (b) to be directly or indirectly controlled only by the Union, one or more Member States, natural persons who have the nationality only of Member States, or legal persons established in a Member State which are themselves not subject to control by a third country or by a third-country natural or legal person, and not to be subject to control by a third country or by a third-country natural or legal person; |
Two defects. First, Article 6(1)(b) for the secure tranche contains an express prohibition of control "by a third country or by a third country national"; Article 9(1)(b) for Union new entrants does not, although both tranches are reserved to EU-controlled operators. Second, the literal wording of Article 9(1)(b) only recognises control by the Union, Member States or natural persons; an undertaking controlled by a European legal person, such as a listed Union group or a public entity, would have to trace control to natural persons to qualify, which is neither workable nor the intention. The amendment aligns the two tranches and makes the criterion clear and enforceable, in line with the definition of control in Article 2, point (19).
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States; | (b) to be directly or indirectly controlled only by the Union or one or more Member States, by natural persons who hold only the nationality of a Member State, or by legal persons established in a Member State, provided that such legal persons are not directly or indirectly controlled by a third country or by a natural or legal person established in a third country, and to remain free from direct or indirect control by a third country or by a natural or legal person established in a third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States; | (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality and residency only of Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to be directly or indirectly controlled only by the Union or one or more Member States or by natural persons who have the nationality only of Member States; | (b) not to be directly or indirectly controlled by a third country or by natural persons who have the nationality only of a third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) to have the research, development and design activities relating to the MSS system located in the Union, and to retain the capacity to modify, upgrade and operate the MSS system, including its space segment and network control, without restrictions imposed by a third country or by a third-country natural or legal person; |
Recital 20 states that the authorisation of the 2 GHz MSS band "provides an opportunity to promote a Union-level ecosystem, including supply chain for manufacturing, deployment and operation of the system along with a high level of integration of technologies developed in the Union". Article 9(1), point (a), already requires establishment and executive management in the Union, and the Annex already requires satellite manufacturing agreements within the territories of the Member States (milestone 2). The amendment adds two verifiable criteria that determine whether a system is in substance European: where it is designed and developed, and whether it can be modified and operated free of third-country restrictions. This follows the model of Article 16 of Regulation (EU) 2025/1106 and reduces discretion and litigation risk for the Commission and for applicants alike.
| Text proposed by the Commission | Amendment |
|---|---|
| (f) with respect to cybersecurity and data security, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country against which there is a public statement on behalf of the Union or any Member State that threat actors operating out of the territory of that third country have carried out malicious cyber activities or campaigns; | (f) with respect to cybersecurity and data security in relation to the provision of commercial MSS systems in the Union, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country against which there is a public statement on behalf of the Union or any Member State that threat actors operating out of the territory of that third country have carried out malicious cyber activities or campaigns; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) with respect to cybersecurity and data security, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country against which there is a public statement on behalf of the Union or any Member State that threat actors operating out of the territory of that third country have carried out malicious cyber activities or campaigns; | (f) with respect to cybersecurity and data security, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country from whose territory threat actors operate and have carried out malicious cyber activities or campaigns, based on information provided by competent authorities, including security services and cybersecurity authorities; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. | (g) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations or to provide evidence of the initiation of a filing procedure by a Member State or a commitment by a Member State to submit such a filing, whilst in all cases maintaining the obligation to ensure compliance of the proposed with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
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| (g) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. | (g) to be covered by, or have binding contractual access to, one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. | (g) to be covered by, or have binding contractual access to, one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ga) to demonstrate, by means of documentary evidence, that at least 40 % of the value of the key components of the space and ground segments of the proposed commercial MSS system are manufactured within the territory of the Union or integrate Union-origin technologies; failure to provide such evidence shall result in the rejection of the application as inadmissible, without prejudice to the comparative assessment provided for in Article 12; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For each ITU filing with a notifying administration in a third country, applicants shall provide evidence that the jurisdiction of that country provides for effective management and dispute resolution of harmful interference and implements tools for immediate accountability in case of unlawful use. | 2. For each ITU filing with a notifying administration in a third country, applicants shall provide evidence that the jurisdiction of that country provides for effective management and dispute resolution of harmful interference and implements tools for immediate accountability in case of unlawful use and non compliance with ITU Radio Regulation. |
The jurisdiction of the third country must also provide for enforcement mechanisms in the event of non-compliance with the Radio Regulations (not solely in cases of harmful interference or unlawful use).
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (f), shall apply to each member of the joint venture, whereas the requirement set out in of paragraph 1, point (g) shall apply to at least one member of the joint venture. | 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (f), shall apply to each member of the joint venture, whereas the requirement set out in of paragraph 1, point (g) shall apply to at least one member of the joint venture. Compliance with the requirement set out in paragraph 1, point (ga), shall be assessed at the level of the system proposed by the joint venture as a whole, and not on a per-member basis. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (f), shall apply to each member of the joint venture, whereas the requirement set out in of paragraph 1, point (g) shall apply to at least one member of the joint venture. | 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (f), shall apply to each member of the joint venture, whereas the requirement set out in paragraph 1, point (g) shall apply to at least one member of the joint venture. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. By way of derogation from paragraph 1, point b of this Article, a legal entity established in the Union and controlled by a third country or by a third-country entity shall be eligible if guarantees approved in accordance with the national procedures of a Member State in which it is established, such as adequate measures pursuant to screening, as defined in Article 2, point (3), of Regulation (EU) 2019/452 of the European Parliament and of the Council (39), are made available to the Commission. | |
| The guarantees referred to in the first subparagraph of this paragraph shall provide assurances that the legal entity as referred to in that subparagraph would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, including respect for the principle of good neighbourly relations, or the objectives set out in Article 4 of this Regulation. Those guarantees shall in particular substantiate that measures are in place to ensure that: | |
| (a) control over the legal entity is not exercised in a manner that restrains or restricts its ability to carry out the all the relevant activities to the operation of the commercial MSS systems referred to in Article 4(1), point (b), that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or know-how needed for the purposes of the activities, or that undermines its capabilities and standards necessary to carry out the activities; | |
| (b) access by a third country or by a non-associated third-country entity to classified or sensitive information relating to the activities is prevented and the employees or other persons involved in the activities have national security clearance issued by a Member State, where appropriate, in accordance with national laws and regulations; | |
| If considered to be appropriate by the Member State in which the legal entity is established, additional guarantees may be provided. | |
| The Commission shall inform the committee referred to in Article 22 if any legal entity is considered eligible in accordance with this paragraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. For the purposes of paragraph 1, points (b) and (d), and of Article 17(6), control shall be assessed on the basis of the actual ability to exercise decisive influence within the meaning of Article 2, point (19), taking into account in particular indirect shareholdings, voting and veto rights, shareholder agreements, financing arrangements, and dependencies on technology, intellectual property or supply which confer a decisive influence on the applicant's strategy or on the operation of the MSS system. Arrangements whose purpose or effect is to formally satisfy the requirements of paragraph 1 without conferring effective decision-making power on the persons referred to in paragraph 1, point (b), shall not qualify. A diversified shareholder base shall not preclude admissibility, provided that decisive influence and decision-making authority remain with the persons referred to in paragraph 1, point (b). |
The Union new entrant tranche exists to diversify suppliers by "incentivising the entry of Union owned or controlled satellite operators" (Recital 16). Its effectiveness depends on the control test being applied on substance, so that arrangements which place a Union entity in front of a system designed, supplied and controlled from a third country cannot qualify. The amendment gives the Commission an explicit basis to assess indirect and de facto control, consistent with the approach of Article 16 of Regulation (EU) 2025/1106 (SAFE), while ensuring that European undertakings with diversified but Union-rooted shareholder bases are not excluded where decision-making remains in the Union.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where applicants are subject to the control of a third-country or a third-country legal entity, it must be demonstrated that appropriate legal, technical and organisational measures are implemented to prevent access by a third-country or by a third-country entity to customer data; | (c) where applicants are subject to the control of a third-country or a third-country legal entity, it must be demonstrated that appropriate legal, technical and organisational measures are implemented to prevent access by a third-country or by a third-country entity to customer data and to data transmitted over the MSS system relating to users in the Union. Those measures shall be specified in the call for applications, shall address at least the location of the processing and storage of such data within the Union and the custody of the related encryption keys by persons established in the Union, and shall be verifiable by the Commission throughout the duration of the right of use; |
Recital 20 states that applicants for any MSS system in the band should not be subject to obligations which allow jurisdictions outside the Union to access the data transmitted over the system. Article 9(1), point (c), gives effect to that principle for Union new entrants; Article 10(1), point (c), for applicants under third-country control in the open tranche, refers only to "appropriate measures" and to "customer data", without specifying their content or how compliance is verified. The amendment aligns Article 10(1), point (c), with Recital 20 by defining the minimum content of those measures as an obligation of means, without prescribing particular suppliers or technologies, anchoring them in the call for applications and making them verifiable, so that the protection of Union users' data does not depend on the tranche under which an operator is authorised.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where applicants are subject to the control of a third-country or a third-country legal entity, it must be demonstrated that appropriate legal, technical and organisational measures are implemented to prevent access by a third-country or by a third-country entity to customer data; | (c) where applicants are subject to the control of a third-country or a third-country legal entity, the applicant shall implement appropriate technical and organisational measures to protect customer data against the risks arising from access by third-country authorities, in accordance with Regulation (EU) 2016/679. Those measures shall be specified in the call for applications and shall ensure, in particular, that such data are processed and stored, and the related encryption keys held, in the Union, and shall remain verifiable by the Commission for the duration of the rights of use; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where applicants are subject to the control of a third-country or a third-country legal entity, it must be demonstrated that appropriate legal, technical and organisational measures are implemented to prevent access by a third-country or by a third-country entity to customer data; | (c) where applicants are subject to the control of a third-country or a third-country legal entity, it must be demonstrated that appropriate legal, technical and organisational measures are implemented to prevent access by a third-country or by a third-country entity to customer data, including through the exclusive location, within the territory of the Union, of encryption key management servers and equipment ; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) with respect to cybersecurity and data security, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country against which there is a public statement on behalf of the Union or any Member State that threat actors operating out of the territory of that third country have carried out malicious cyber activities or campaigns; | (e) with respect to cybersecurity and data security, not be subject to the jurisdiction of a third country requiring them to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or not be subject to jurisdiction of a third country from whose territory threat actors operate and have carried out or are carrying out malicious cyber activities or campaigns, based on information provided by competent authorities, including security services and cybersecurity authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. | (f) to be covered by, or have binding contractual access to, one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. | (f) to be covered by, or have binding contractual access to, one or more appropriate ITU filings related to the 2 GHz MSS band and to take all necessary measures ensuring compliance of the proposed commercial MSS system with the ITU Radio Regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For each ITU filing with a notifying administration in a third country, applicants shall provide evidence that the jurisdiction of that country provides for effective management and dispute resolution of harmful interference and implements tools for immediate accountability in case of unlawful use. | 2. For each ITU filing with a notifying administration in a third country, applicants shall provide evidence that the jurisdiction of that country provides for effective management and dispute resolution of harmful interference and implements tools for immediate accountability in case of unlawful use and non compliance with ITU Radio Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (e), shall apply to each member of the joint venture, whereas the requirement set out in of paragraph 1, point (f) shall apply to at least one member of the joint venture. | 3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points (a) to (e), shall apply to each member of the joint venture, whereas the requirement set out in paragraph 1, point (f) shall apply to at least one member of the joint venture. |
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 1 - 294 - Draft report Mobile satellite services: selection and authorisation of systems using the harmonised 2 GHz frequency band”. Text, 17 September 2026. docId ITRE-AM-792052. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-792052 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-AM-792052 (CC BY 4.0).
BibTeX
@misc{epw-text-itre-am-792052,
author = {{European Parliament}},
title = {{AMENDMENTS 1 - 294 - Draft report Mobile satellite services: selection and authorisation of systems using the harmonised 2 GHz frequency band}},
year = {2026},
date = {2026-09-17},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-792052}},
url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-792052},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ITRE-AM-792052. Data: EP Open Data API: document record (CC BY 4.0)}
}